January 8, 2026
Texas educators targeted by the Texas Education Agency sue to defend their First Amendment Rights.
On Jan. 6, the Texas American Federation of Teachers (Texas AFT) filed a federal lawsuit against the Texas Education Agency and its commissioner, saying the state improperly investigated public school educators over their social media comments following the assassination of conservative content creator Charlie Kirk.
Texas AFT asked a federal judge in Austin to block the agency and Commissioner Mike Morath from continuing investigations into educators. According to the union, the investigation violates teachers’ First Amendment rights. The lawsuit centers on a directive Morath issued to local school superintendents urging them to document and report what he described as “vile content” about Kirk.
The union said the directive triggered a “wave of retaliation and disciplinary actions” by school districts, opening formal investigations into more than 350 educators’ social media posts. According to reports, the action also contributed to at least one firing and other disciplinary measures.
Zeph Capo, president of Texas AFT, said the state’s actions have created a climate of fear.
“These teachers were disciplined solely for their speech, without any regard to whether the posts disrupted school operations in any way,” the lawsuit states.
The legal challenge also seeks an order requiring Morath to retract the policies and rule them unconstitutional.
At the time of Kirk’s death, K-12 educators were not the only ones to face backlash due to personal opinions. Some institutions are paying dearly for their choices. Austin Peay State University agreed to pay $500,000 and reinstate a tenured professor who was fired over a social media post made after Kirk’s assassination, according to the Tennessee Bar Association.
Darren Michael, an associate professor of theater, was terminated by APSU in September 2025 after sharing an article quoting Kirk’s remarks on gun violence. University officials later acknowledged they had not followed tenure termination procedures.
Under the terms of the settlement reached in January 2026, APSU will pay Michael $500,000 and reimburse counseling costs. Additionally, Austin Peay State University agreed to issue a statement expressing regret for not following its own policies in his firing. The rash decisions of educational institutions after Kirk’s shooting may come with a heavy price tag. Though Texas AFT is not searching for monetary compensation for its troubles, other unions may follow in its footsteps and request it themselves.
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