Texas Teachers Union Sues Education Agency Over Retaliation Against Social Media Posts

A Texas teachers union has initiated legal action against the state’s education agency, alleging it has launched an unjustified “wave of retaliation” against public school employees for their social media remarks following the death of conservative activist Charlie Kirk.

The lawsuit contends that the Texas Education Agency (TEA) and its commissioner, Mike Morath, have infringed upon the free speech rights of teachers and school staff by instructing local districts to record what it deemed as “vile content” shared online after Kirk's tragic shooting in September.

While there were calls for decorum, many critics of Kirk faced backlash from Republican circles eager to penalize those they felt had dishonored him.

The lawsuit indicates that the TEA has processed over 350 complaints regarding individual educators, potentially exposing them to investigations. It highlights the cases of four unnamed teachers from Houston and San Antonio, who were scrutinized for their critical social media posts about Kirk or the public's response to his death. According to the claims, one Houston teacher was dismissed, while the investigations of the San Antonio teachers are ongoing.

This lawsuit was filed in U.S. District Court in Austin by the Texas American Federation of Teachers, representing approximately 66,000 education professionals.

“Some Texas officials believe they can advance their careers by undermining educators’ free speech rights,” stated Texas AFT President Zeph Capo. “Educators and their families are now left fearing for their jobs, reputations, and their core mission of fostering critical thinking.”

The TEA has refrained from commenting on the ongoing legal matters.

This lawsuit follows closely on the heels of a recent announcement by Texas Governor Greg Abbott and Lieutenant Governor Dan Patrick, both conservative Republicans, who revealed a partnership with Turning Point USA, the organization founded by Kirk, to establish chapters in every high school across Texas.

In a letter to school superintendents dated September 12, Morath warned that certain social media posts could breach the Texas educators' ethical standards, assuring that “each case will be thoroughly examined.”

The lawsuit argues that this letter constitutes a state policy that is excessively broad and vague, permitting arbitrary and inconsistent enforcement. Federal courts have previously ruled that overly broad and vague policies violate the First Amendment rights, as they can suppress protected speech.

One of the teachers from Houston reportedly stated that “karma played a role” in Kirk's death, a strong advocate for gun rights. Meanwhile, the San Antonio educators drew parallels between the outrage following Kirk's death and the lack of similar reactions to other violent incidents, critiqued Kirk’s immigration stance, or denounced him for what they perceived as racist, anti-immigrant, or misogynistic comments.

Importantly, the lawsuit claims that none of these posts celebrated or incited violence, which Morath indicated would not be protected speech.

Kirk represented a hardline, populist conservatism that has permeated the Republican Party since the political rise of former President Donald Trump. He founded Turning Point USA in 2012, aiming to engage younger audiences and bravely enter liberal college campuses where many Republican activists felt apprehensive. Kirk was tragically shot during a public event at a university in Utah.