The Texas American Federation of Teachers (Texas AFT) has filed a federal lawsuit against Texas Education Commissioner Mike Morath and the Texas Education Agency (TEA), seeking to halt investigations and disciplinary actions against educators for social media comments concerning the death of conservative activist Charlie Kirk. The union contends that these investigations infringe upon legally protected speech and has requested a court order to retract the current policy and issue new guidance.
Lawsuit Details and Allegations
Filed on January 6 in U.S. District Court in Austin, the lawsuit alleges that Commissioner Morath initiated "retaliation and disciplinary actions" against teachers. This follows a directive he issued to school districts to report content deemed "reprehensible and inappropriate" or "vile content" related to Kirk's death.
The Texas AFT is seeking a court order to compel Morath to retract his policy calling for school leaders to report such content on teachers’ social media accounts. Additionally, the union requests new guidance from Morath clarifying to superintendents that districts are not obligated to report legally protected speech to the state.
The lawsuit describes Morath’s letter to superintendents as "vague" and "overbroad," arguing it failed to require an evaluation of the posts' impact on the school environment.
The union also alleges inconsistent enforcement, noting the TEA did not issue similar directives concerning social media posts about the assassinations of Democratic Minnesota lawmakers Melissa Hortman or John Hoffman. The lawsuit suggests that the TEA appears to mandate investigations primarily for personnel expressing criticism of "the Commissioner’s preferred political figure."
Cases and Consequences for Educators
The Texas AFT cites the cases of four members who reportedly faced disciplinary action due to private social media remarks about Kirk’s death. These cases include one teacher from the Houston area who was reportedly fired, and three San Antonio-area teachers who remain under investigation. The union states these teachers faced discipline "solely for their speech, without any regard to whether the posts disrupted school operations."
The comments made by these teachers included criticism of Kirk’s statements on Black Americans and his immigration stances. The identities of the teachers are withheld due to safety concerns, according to Zeph Capo, president of the Texas AFT. The lawsuit specifies that none of the posts celebrated or promoted violence.
Randi Weingarten, national president of the American Federation of Teachers (AFT), commented that the situation represents an "unprecedented directive to identify and report individuals for expressing opinions disliked by officials." She highlighted U.S. Supreme Court rulings that allow agencies to restrict public employees' speech if it pertains to official duties or could disrupt the workplace.
Weingarten asserted that these conditions do not apply to the posts in question, noting that they were made in a private capacity, outside of school hours, concerning a widely discussed national event.
Texas Education Agency's Response and Investigation Status
The Texas Education Agency has declined to comment on the pending legal matter.
In September, Commissioner Morath stated, "While all educators are held to a high standard of professionalism, there is a difference between comments made in poor taste and those that call for and incite further violence — the latter of which is clearly unacceptable."
In November, Morath clarified that while districts had acted on some complaints, the agency had not yet disciplined any educators. He added that many complaints are likely "people that are personally settling scores" and would be closed, with the agency focusing on "clearly violations of the educator code of conduct."
The TEA initially reported investigating over 350 complaints concerning educators' social media remarks about Charlie Kirk. As of January 5, the agency indicated that 95 complaints remained under investigation, while hundreds of others had been dismissed or deemed unsubstantiated.
Background on Charlie Kirk
Charlie Kirk was a conservative political activist who founded Turning Point USA in 2012. The organization aims to promote fiscal responsibility, free markets, and limited government on college campuses. Kirk was fatally shot in September while speaking at a university in Utah. His public comments had drawn criticism from various groups regarding his stances on LGBTQ+ communities, non-Christians, people of color, and women.
Following his death, calls from Texas lawmakers and activists emerged for disciplinary action against individuals mocking Kirk or celebrating his death online. Commissioner Morath subsequently instructed district superintendents via letter to refer "all documentation of educators that have proliferated such vile content" to the TEA’s investigations unit to determine if content violates the Texas educators’ code of ethics. Governor Greg Abbott and Morath have stated that teachers whose actions called for or incited violence could face suspension of their teaching licenses by the State Board for Educator Certification.
Broader Implications
Legal experts previously indicated that for the state to discipline an educator for speech in a personal capacity, it must consider whether the comments caused a significant disruption to the workplace or affected their job performance.
Disciplinary actions or policies that deter employees from speaking on public matters out of caution could potentially violate First Amendment protections.
Reports indicate that numerous Texas AFT members have deleted social media posts and accounts, suggesting a reported concern among teachers regarding sharing opinions on public matters that may not align with the state government’s views. Florida’s education commissioner also indicated plans to investigate teachers regarding similar comments. The Texas AFT represents approximately 66,000 teachers and school employees.