A major teachers' union in Texas has launched a federal legal challenge against the state, accusing officials of unconstitutionally targeting hundreds of educators over their personal social media posts concerning the death of conservative activist Charlie Kirk.
Union Alleges Free Speech Violations
The Texas American Federation of Teachers (AFT), representing some 66,000 public school employees, filed the lawsuit on Tuesday. It seeks an injunction to halt investigations by the Texas Education Agency (TEA) and its commissioner, Mike Morath, which the union argues breach teachers' protected speech rights.
The legal action stems from a directive issued by Morath on 6 September 2024. In a letter to school superintendents statewide, he instructed them to report educators who made what he called "reprehensible and inappropriate" remarks about Kirk. The conservative figure was shot and killed on 10 September while speaking at Utah Valley University.
"Public school teachers and other employees do not surrender their first amendment rights simply by virtue of their employment," the lawsuit contends, arguing the directive has spurred a widespread crackdown on constitutionally protected expression.
Discipline and Investigations Following Personal Posts
The complaint details cases of four teachers who faced disciplinary action, including termination and formal investigations, after posting criticism of Kirk's right-wing views on issues like race and immigration on their personal social media accounts. The union emphasises these posts were made outside of work hours from personal accounts and did not disrupt school operations.
According to data from the Texas Tribune cited in the suit, the TEA has received more than 350 complaints regarding educators' social media activity related to Kirk's death. As of last Sunday, the agency stated 95 complaints remained under active investigation, with hundreds of others dismissed or deemed unsubstantiated.
"Simply being under investigation negatively impacts an educator’s reputation, requires resource expenditures for legal representation, and can have lasting detrimental impacts on an employee’s long-term employment prospects, even outside of the education arena," the lawsuit adds.
Legal Remedies Sought
The Texas AFT is not seeking monetary damages. Instead, it asks the federal court to:
- Declare the investigation policy unconstitutional.
- Issue an order stopping all related probes.
- Require Commissioner Morath to issue new, corrective guidance clarifying that school districts do not need to report educators' protected comments.
The Texas Education Agency has declined to comment on the pending litigation. The case now moves to the federal judiciary, setting the stage for a significant clash over the boundaries of public employees' free speech rights in the digital age.
