A major Texas teachers union has filed a federal lawsuit against the Texas Education Agency, alleging the state unlawfully investigated and punished educators for constitutionally protected speech made on personal social media accounts.
The Texas American Federation of Teachers, which represents about 66,000 educators statewide, sued the agency and Education Commissioner Mike Morath this week, claiming the investigations violate the First Amendment.
The lawsuit stems from a September directive sent by Morath to school superintendents after the assassination of conservative activist Charlie Kirk. In the letter, Morath urged districts to report educators who posted what he described as “vile” or “inappropriate” comments online following Kirk’s death.
Union officials say the guidance was vague and led to widespread disciplinary actions against teachers for posts made outside work hours, on personal accounts, and unrelated to classroom instruction.
According to the lawsuit, the agency received more than 350 complaints about educators’ social media activity. About 95 cases remain under review, while others resulted in reprimands, suspensions or job losses, the union said.
“This is an unconstitutional attempt to chill political speech,” Texas AFT President Zeph Capo said in a statement. “Educators should not fear losing their jobs for expressing personal views on their own time.”
The union argues the agency’s actions amount to retaliation and have created a climate of fear among teachers, discouraging them from participating in public discourse.
The Texas Education Agency has defended its actions, saying it has a responsibility to ensure educators uphold professional standards and that districts — not the agency — ultimately decide disciplinary outcomes. The agency declined to comment in detail, citing ongoing litigation.
The lawsuit asks a federal judge to block further investigations related to the directive, rescind Morath’s letter and require the agency to clarify that teachers will not be disciplined for lawful personal speech that does not disrupt school operations.
The case comes amid broader political tensions in Texas over public education, educator conduct and free speech, with lawmakers and advocacy groups increasingly scrutinizing teachers’ online activity.
No court date has been set, yet.