Texas Teachers Union Takes State to Court Over Free Speech Crackdown Following Charlie Kirk Assassination
The Texas chapter of the American Federation of Teachers filed a federal lawsuit on January 6, 2026, against the Texas Education Agency and Commissioner Mike Morath, accusing state officials of violating educators’ First Amendment rights by launching widespread investigations into teachers over their social media posts following the September assassination of conservative political activist Charlie Kirk. The suit, filed in U.S. District Court in Austin, seeks to halt what the union calls an improper “wave of retaliation” against public school employees who commented on Kirk’s death.
Mass Investigations Target Over 350 Educators
The Texas Education Agency has received more than 350 complaints about individual educators that could lead to investigations, according to court documents. Days after Kirk’s fatal shooting on September 10, Commissioner Morath sent a letter to superintendents across the state, directing them to investigate and report teachers who had “posted and/or shared reprehensible and inappropriate content on social media” related to the assassination.
The union represents approximately 66,000 teachers and other school employees statewide. Texas AFT President Zeph Capo stated at a press briefing, “State leaders have decided to score a few cheap points, and it was worth the disciplinary actions and the doxxing and the death threats targeted at Texas teachers”. Capo added that educators and their families now fear losing “their livelihoods, their reputations, and their very purpose for being, which is to actually impart critical thinking”.
Four Teachers Face Termination and Ongoing Probes
The lawsuit highlights four specific cases, one Houston-area teacher and three San Antonio-area educators who faced disciplinary action solely for their private social media posts. According to court filings, the Houston-area teacher was terminated after expressing online that “karma played a role” in Kirk’s death, referencing the activist’s strong advocacy for gun rights. The three San Antonio teachers remain under investigation for posts that compared public outrage over Kirk’s death to silence about other violence, criticized his immigration positions, or condemned statements his critics considered racist or misogynistic.
The lawsuit emphasizes that none of these posts celebrated or promoted violence, and the disciplinary actions occurred “without any regard to whether the posts disrupted school operations in any way”.
“Star Chamber” Tactics and Constitutional Concerns
National AFT President Randi Weingarten characterized the state’s actions as reminiscent of McCarthyism, saying Texas officials created a “Star Chamber” instead of providing guidance to help educators address the assassination with students. Weingarten noted that only the education chiefs of Texas and Florida explicitly called on administrators to submit tips on teachers’ potentially divisive speech.
The lawsuit argues that Morath’s September 12 letter represents an overly broad and vague state policy that allows arbitrary enforcement, violating First Amendment protections. Federal courts have generally ruled that such policies are impermissible because they can suppress protected speech. The Texas Education Agency stated that it “cannot comment on ongoing legal matters.”
Political Backdrop Intensifies Controversy
The legal battle erupts less than a month after Texas Governor Greg Abbott and Lieutenant Governor Dan Patrick announced a partnership with Turning Point USA—the right-wing organization Kirk founded in 2012—to establish chapters on every high school campus in the state. Kirk was fatally shot during an appearance at a Utah university, embodying the populist conservatism that has defined the Republican Party since President Donald Trump’s rise.
Union leaders say the state overreached by investigating private social media activity instead of helping educators navigate difficult classroom conversations. “We didn’t want to have to take this to court, but he should know by now, we will leave no rock unturned when it comes to protecting our members and their constitutional rights,” Capo declared.
National Pattern of Educator Discipline
Educators and school employees in at least 16 states have been fired, suspended, or reprimanded for social media comments following Kirk’s death. School chiefs or governors in Florida, Oklahoma, Indiana, and Texas have vowed to revoke teaching licenses over controversial posts. These disciplinary actions have triggered multiple legal challenges, with fired staff arguing their districts lacked clear social media policies or enforced unconstitutionally vague standards.
The Texas AFT lawsuit seeks to reverse disciplinary actions, dismiss ongoing investigations, and obtain a court injunction requiring Morath to revoke his September letter and to provide clearer guidance on discussing divisive topics. As this case proceeds through federal court, it will test the boundaries between state authority over professional conduct and educators’ constitutional rights to free expression on personal platforms.