> At a Glance
> – Texas teachers union filed federal suit over social-media “witch hunt” after Charlie Kirk‘s death
> – State education agency opened 95 active investigations based on more than 350 complaints about staff posts
> – Four anonymous educators cited; one Houston-area teacher fired, three San Antonio-area staff still under review
> – Why it matters: Case tests whether public-school employees can be disciplined for off-duty online speech
Texas teachers claim their First-Amendment rights are under attack after the education agency ordered districts to track and report posts criticizing the late conservative activist Charlie Kirk.
The Lawsuit
The Texas American Federation of Teachers-representing 66,000 employees-sued Commissioner Mike Morath and the Texas Education Agency in U.S. District Court, Austin, arguing the directive punishes protected speech.
Union president Zeph Capo called the probe:
> “a wave of retaliation… in fact, a witch hunt.”
He noted the agency never issued similar orders after other high-profile tragedies, such as the killing of director Rob Reiner.
Agency Action
A Sept. 12 agency letter told superintendents that educators’ posts could violate the state Educators’ Code of Ethics and vowed:
> “Each instance will be thoroughly investigated.”
The suit contends the policy is too broad and chills legitimate expression.
Agency response Tuesday:
> “We cannot comment on outstanding legal matters.”
Probe Scope
| Metric | Number |
|---|---|
| Complaints filed | 350+ |
| Investigations open | 95 |
| Teachers cited | 4 (anonymous) |
| Terminations confirmed | 1 |
All four posts were critical of Kirk or the reaction to his death; none celebrated or promoted violence, the suit states.
National Backdrop
Similar backlash followed in other states:
- Florida’s education chief vowed teacher probes over objectionable comments
- Universities, sports teams and media firms also dismissed employees
Kirk, founder of Turning Point USA, was shot during a campus appearance in Utah.
Key Takeaways
- Union argues off-duty, private social-media speech deserves protection
- Federal court will weigh state’s authority to police employee expression
- Outcome could affect thousands of Texas educators and set precedent beyond the state
A decision could clarify where school systems must draw the line between professional standards and constitutional rights.
