Texas AFT Sues State Over Investigations into Educators’ Charlie Kirk Comments
The Texas American Federation of Teachers (Texas AFT) today (Jan. 6, 2026) filed this federal lawsuit claiming that the TEA engaged in unlawful investigations into educators’ protected First Amendment activity in the days following last September’s assassination of Charlie Kirk.
The TEA and Education Commissioner Mike Morath are named as defendants in the lawsuit.
The lawsuit asserts that Morath’s Sept. 12, 2025 letter (article) “unleashed a wave of retaliation and disciplinary actions against teachers” based on their First Amendment protected speech made outside of the classroom and their official duties.
Claimed: 350+ Texas Educators Investigated
In the months since, Texas AFT members have been placed on administrative leave, faced reprimands, and even been terminated for social media posts about this matter of public concern, the union says in a press release, adding:
“The “impermissibly vague, overbroad” TEA policy chills educators’ protected speech and could have “lasting detrimental impacts” on an educators’ employment prospects.”
More than Texas 350 educators have been investigated since Kirk’s assassination, the union claims.
Permanent Injunction Sought
Among other things, the lawsuit asks the courts to:
- Issue a permanent injunction forcing the TEA to retract the Sept. 12 letter.
- Compel the TEA to terminate all investigations referred to in the letter.
- Require the TEA to issue a new letter advising superintendents that the TEA does not require reports to the agency’s Misconduct Reporting Portal regarding the conduct targeted in the letter.
The filing of the lawsuit was announced during an afternoon press conference at Texas AFT’s state headquarters in Austin by Texas AFT President Zeph Capo and National AFT President Randi Weingarten.
The Texas Tribune has more.
