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 into teachers' social media comments regarding 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 clarifying guidance to school districts.
Lawsuit Filed Against TEA and Commissioner Morath
The federal lawsuit, filed on January 6 in U.S. District Court in Austin, names Education Commissioner Mike Morath and the Texas Education Agency as defendants. Texas AFT initiated the legal action with the aim of blocking investigations into public school employees' social media posts following the fatal shooting of Charlie Kirk. The union asserts that these investigations violate the First Amendment rights of educators by targeting legally protected speech.
Allegations and Demands
The lawsuit alleges that Commissioner Morath initiated disciplinary actions against teachers after directing school districts to report content deemed "reprehensible and inappropriate" related to Kirk's death. Texas AFT argues that Morath's September 12 letter to superintendents, which pledged "thorough investigation" of posts potentially violating the Texas educators' code of ethics, constitutes an overly broad and vague state policy. This policy, the union claims, is susceptible to unfair enforcement and may suppress protected speech.
The union’s demands include a court order requiring Morath to retract his policy for school leaders to report such social media content. Additionally, Texas AFT is seeking new guidance from Morath that clarifies to superintendents that districts are not obligated to report legally protected speech to the state. The lawsuit also suggests inconsistent enforcement, noting that the TEA did not issue similar directives following other violent events or the assassinations of Democratic Minnesota lawmakers.
Background on Investigations and Directives
Charlie Kirk, a conservative political activist, founded Turning Point USA in 2012, an organization focused on promoting conservative principles on college campuses. He was fatally shot while speaking at a university in Utah. Following his death, calls from Texas lawmakers and activists prompted disciplinary action against individuals who posted comments online critical of Kirk or celebrating his death.
Commissioner Morath subsequently instructed district superintendents to refer "all documentation of educators that have proliferated such vile content" to the TEA’s investigations unit. These investigations are intended to determine if content violates the Texas educators’ code of ethics and warrants disciplinary action. Morath and Governor Greg Abbott have stated that teachers whose actions called for or incited violence could potentially face suspension of their teaching licenses.
As of January 5, the TEA reported receiving over 350 complaints concerning educators' social media remarks about Kirk. The agency indicated that hundreds of these complaints had been dismissed or deemed unsubstantiated, with 95 complaints remaining under investigation.
Impact on Educators and Union's Rationale
Texas AFT cites the cases of four unnamed members—one in the Houston area and three in the San Antonio area—who reportedly faced disciplinary action due to private social media remarks about Kirk’s death. These actions included termination, investigations, or negative entries in employment records. The union claims that 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 union maintains that the posts in question were made by teachers in their private capacity, outside of school hours, and concerned a widely discussed national event. Texas AFT asserts that none of the posts celebrated or promoted violence. The union also reports that numerous members have since deleted social media posts and accounts, citing concerns about sharing opinions on public matters that might not align with state government views.
Official Statements and Legal Context
The Texas Education Agency 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 the agency had not yet disciplined any educators, noting that many complaints were likely "people that are personally settling scores" and would be closed, with the agency focusing on "clearly violations of the educator code of conduct."
Legal experts have indicated that for a state to discipline an educator for speech made in a personal capacity, it must consider whether the comments caused a significant disruption to the workplace or affected their job performance. They also noted that disciplinary actions or policies that deter employees from speaking on public matters out of caution could potentially violate First Amendment protections. Randi Weingarten, president of the national AFT, commented on the situation, stating that U.S. Supreme Court rulings allow agencies to restrict public employees' speech if it pertains to official duties or could disrupt the workplace, conditions she argued do not apply to the posts in question.
Related Context
In a related development, Governor Greg Abbott and Lieutenant Governor Dan Patrick announced a partnership with Turning Point USA to establish chapters in Texas high schools. The governor's office and Turning Point USA are not named as defendants in the lawsuit.