AUSTIN, Texas — One of Texas’ largest teacher unions has filed a federal lawsuit seeking to block the state from investigating educators accused of making inappropriate social media remarks following the assassination of conservative activist Charlie Kirk, arguing the actions violate constitutionally protected speech.
The Texas American Federation of Teachers (Texas AFT) sued Education Commissioner Mike Morath and the Texas Education Agency (TEA) on Jan. 6, claiming Morath triggered widespread retaliation against teachers when he urged school districts to report online posts he described as “reprehensible and inappropriate” after Kirk’s killing last year. The union argues the directive was vague, overbroad, and led to inconsistent enforcement across districts.
According to the lawsuit, hundreds of complaints were filed statewide accusing teachers of improper commentary. TEA has since dismissed or found unsubstantiated most of those complaints, though the agency confirmed it is still investigating 95 cases. Texas AFT says some members were terminated, investigated, or had employment records flagged solely for speech made in a private capacity that did not disrupt school operations.
The lawsuit also highlights what it describes as selective enforcement, noting the agency did not issue similar guidance after the killings of Democratic Minnesota lawmakers. Union leaders argue the policy has had a chilling effect, prompting educators to delete social media accounts out of fear of discipline.
Morath has said only posts that incite violence would warrant sanctions, and TEA has stated no educators have yet been disciplined at the state level.
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