One of the largest teachers' unions in Texas filed a federal lawsuit accusing the Texas Education Agency of crossing a constitutional line when it opened investigations into educators for social media posts made after the September assassination of conservative activist Charlie Kirk.
The suit, filed Tuesday by the Texas American Federation of Teachers, challenges a September policy letter issued by Education Commissioner Mike Morath, in which he instructed superintendents to report educators who posted what he called "reprehensible and inappropriate content on social media related to the assassination of Charlie Kirk."
Kirk, founder of Turning Point USA, was shot and killed in September during a public event at Utah Valley University. In the weeks that followed, disciplinary actions spread across the country, including in Texas schools. By the end of the month, the TEA received more than 350 complaints involving teachers and staff who commented on his death.
According to Texas AFT's complaint, Morath's "impermissibly vague" order led to unjust investigations, administrative leave, reprimands and firings over personal — sometimes private — social media posts, even when there was no disruption to school operations. The union is asking the court to declare the policy unconstitutional, block its enforcement, retract the letter and stop investigations launched under it.
"A few well-placed Texas politicians and bureaucrats think it is good for their careers to trample on educators' free speech rights," said Zeph Capo, president of Texas AFT. "Educators don't give up their constitutional rights when they get their first teaching job."
As of Tuesday, 95 complaints remained open for further review, according to TEA spokesperson Jake Kobersky. The remaining cases have been closed, though Kobersky didn't say whether any resulted in disciplinary action against teachers.
While the state is still reviewing dozens of complaints, firings and suspensions have already occurred independently. In the Houston area, a social studies teacher was dismissed in September after he described Kirk as "racist, homophobic, a misogynist, transphobic nasty person," while a North Texas teacher was let go after posting about the assassination on social media.
"Looks like he took one for the team," the North Texas teacher wrote. "Hope he is roasting!"
Similar disciplinary actions have occurred elsewhere in Texas and across the country, prompting some teachers in other states to pursue legal action over their terminations.
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