Texas’ statewide teachers union has filed a lawsuit against the Texas Education Agency following state investigations into more than 350 public school teachers and staff over social media posts related to the assassination of conservative activist Charlie Kirk.

In September, Commissioner Mike Morath directed Texas public school superintendents to report educators who posted what the agency described as “reprehensible and inappropriate content” online following Kirk’s death. The union argues that many of the posts were made on teachers’ own time, using personal resources, and often shared on private social media accounts.

Dive Brief

The lawsuit, filed Tuesday, challenges the Texas Education Agency’s actions after it initiated investigations into educators who shared critical commentary online. According to the teachers union, the agency’s directive led to widespread disciplinary actions, despite the speech occurring outside school hours and away from school resources.

The union claims the letter from the agency triggered retaliation against educators, including reprimands, administrative leave, and in some cases, termination. State officials have not publicly responded to requests for comment regarding the lawsuit.

Dive Insight

In the weeks following Kirk’s assassination, several educators across K-12 schools and colleges were dismissed for sharing critical opinions of the activist. Union leaders say most school districts initially aimed to de-escalate tensions and refocus on maintaining safe learning environments.

Roughly one month after the incident, multiple lawsuits emerged from educators who said they were wrongfully disciplined. These legal actions include cases against school districts in several states, with proceedings still ongoing.

The lawsuit filed against the Texas Education Agency and Commissioner Morath is one of the most prominent cases so far. Union leaders noted that only one other state issued similar guidance to superintendents following the assassination, while officials in several states warned educators about potential consequences for online speech.

Concerns Over Free Speech and Due Process

According to the union, the September directive was overly broad and has had a chilling effect on educators’ speech outside of the classroom. Although many investigations were eventually cleared, dozens of cases reportedly remain open.

In some situations, teachers were reprimanded or placed on leave regardless of whether their posts disrupted school operations. The lawsuit also notes that state investigations could lead to educators losing their teaching certifications.

The union argues that these actions violate teachers’ First Amendment rights and exceed the state agency’s authority.

Legal Context and Supreme Court Precedents

Recent U.S. Supreme Court rulings have clarified when public officials’ social media activity constitutes state action. Under this framework, speech is considered official only if the individual had authority to speak for the government and exercised that authority while posting.

Earlier rulings have also established protections for teacher speech, particularly when comments are made as private citizens on matters of public concern.

The lawsuit contends that the agency’s policy does not clearly define when teacher speech may be punished, leaving educators uncertain about what constitutes acceptable behavior.

What the Lawsuit Seeks

The union is asking the court to rescind the September directive, halt all related investigations, and require the agency to issue a clarification stating that reporting teachers for personal social media commentary is not mandatory.

Union leaders emphasized that the case does not involve educators discussing the assassination in classrooms, but rather personal opinions shared privately and outside official duties.

As investigations continue for some educators, the outcome of the lawsuit could have significant implications for teacher speech rights and state oversight authority.