A prominent teachers' union in Texas has launched a federal legal challenge against the state, accusing officials of unconstitutionally targeting hundreds of educators for their personal social media comments made in the wake of conservative activist Charlie Kirk's death.
Union Alleges Free Speech Violations
The Texas American Federation of Teachers (AFT), which represents approximately 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. The union contends these probes violate educators' First Amendment rights to free speech.
The legal action stems from a directive issued by Commissioner Morath on 6 September 2024. In a letter to school superintendents statewide, Morath instructed districts to report staff who made what he called "reprehensible and inappropriate" remarks about Charlie Kirk. Kirk 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 states, arguing the directive has spurred a widespread crackdown on constitutionally protected expression.
Educators Face Discipline for Personal Posts
The complaint details cases involving four teachers who faced disciplinary action, including termination and formal investigations, after posting critical comments about Kirk from their personal social media accounts. The educators had criticised Kirk's rightwing stances on issues like race and immigration.
According to the lawsuit, these posts were made on personal accounts, outside of work hours, and did not disrupt school operations. Despite this, the teachers were subjected to professional penalties.
Data obtained by the Texas Tribune indicates the TEA received more than 350 complaints regarding educators' social media activity related to Kirk's death. As of last Sunday, the agency confirmed 95 complaints remained under active investigation, with hundreds of others dismissed or deemed unsubstantiated.
Seeking a Legal Halt to Investigations
The lawsuit highlights the significant personal and professional toll these investigations take, even if they do not lead to formal charges. "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," it argues.
The Texas AFT is not seeking monetary damages. Instead, it asks the federal court to:
- Declare the investigation policy unconstitutional.
- Order an immediate stop to all related probes.
- Require Commissioner Morath to issue new, corrective guidance clarifying that school districts are not obligated to report educators' personal 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 legal battle over the boundaries of public employees' free speech rights in the digital age.
