The Texas chapter of the American Federation of Teachers has sued the state to block investigations of educators over social media posts about Charlie Kirk following his September shooting. The suit names the Texas Education Agency and Commissioner Mike Morath and says the agency opened probes of more than 350 educators without clearly defining "inappropriate" speech or safeguarding due process. The case raises broader free-speech and ethics enforcement questions as the litigation proceeds in federal court.
Teachers' Union Sues Texas To Block Probes Of Educators' Social Media Posts After Charlie Kirk Killing
FILE PHOTO: Candles and flowers are placed near an image of Charlie Kirk, during a vigil at Orem City Center Park, after U.S. right-wing activist and commentator, Charlie Kirk, an ally of U.S. President Donald Trump, was fatally shot during an event at Utah Valley University, in Orem, Utah, U.S. September 11, 2025. REUTERS/Jim Urquhart/File Photo
The Texas chapter of the American Federation of Teachers (Texas AFT) filed a federal lawsuit on Jan. 6 seeking to stop the state from investigating teachers and school staff for social media posts about conservative commentator Charlie Kirk following his September shooting on a Utah college campus.
The complaint, filed in the U.S. District Court for the Western District of Texas, names the Texas Education Agency (TEA) and its commissioner, Mike Morath, as defendants. Texas AFT says a September TEA letter announced probes of educators who allegedly had "posted and/or shared reprehensible and inappropriate content on social media" related to Kirk's killing.
Union Says Investigations Were Broad And Ill-Defined
The union says the state launched investigations into more than 350 educators and that some members were fired, placed on administrative leave or reprimanded. The lawsuit argues the TEA never defined what it meant by "inappropriate" content and failed to put in place basic safeguards to protect educators' due-process and free-speech rights.
Legal And Political Stakes
Texas' September letter warned that some social media posts could be in "violation of the Educators' Code of Ethics." The TEA said it "cannot comment on outstanding legal matters."
From the lawsuit: The union contends the state’s actions chill protected speech and lack clear standards, denying educators fair notice and procedural protections.
The case is unfolding against a backdrop of national controversy. In the weeks after Kirk’s shooting, hundreds of Americans faced firings, suspensions and other disciplinary actions over statements they posted about him. Republican officials said some posts glorified violence, while civil-liberties groups warned the investigations risked violating free-speech protections.
Civil-rights organizations have criticized Kirk for rhetoric they call racist, anti-immigrant, transphobic and misogynist, citing his remarks about Black people, LGBTQ+ communities, Muslims and immigrants. Supporters portray him as a prominent conservative voice who mobilized young voters for Donald Trump in the 2024 election.
Related Developments
Separately, Republican-led Texas drew criticism in November after it designated the Council on American-Islamic Relations (CAIR) a "foreign terrorist organization" — a designation CAIR has challenged in court. The TEA litigation adds to broader debates in Texas about the balance between public-school oversight, political expression and civil liberties.
The lawsuit remains pending in federal court.
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