The Texas American Federation of Teachers has filed a federal lawsuit against the state, challenging what it describes as unconstitutional investigations into hundreds of educators who posted comments on social media after the killing of conservative activist Charlie Kirk.
The union, representing around 66,000 public school employees, is seeking to block the Texas Education Agency and its commissioner, Mike Morath, from continuing probes that the union argues violate teachers' free speech protections. The legal challenge stems from a 6 September letter Morath sent to school superintendents instructing them to report educators who made what he called "reprehensible and inappropriate" remarks about Kirk, who was shot dead on 10 September.
According to the lawsuit, four teachers faced disciplinary action ranging from termination to formal investigations after posting personal comments criticising Kirk's right-wing views on race and immigration. The educators made the posts from private accounts, outside working hours, and without causing any disruption to school operations.
The Texas Education Agency has received more than 350 complaints about educators' social media activity related to Kirk's death, according to the Texas Tribune. As of Sunday, 95 complaints remained under investigation, with hundreds dismissed or found unsubstantiated.
The lawsuit does not seek monetary damages but asks the court to declare the investigation policy unconstitutional, stop all related probes, and require Morath to issue corrective guidance clarifying that districts do not need to report comments made by educators. The Texas Education Agency declined to comment.
