Union sues Texas for investigating teachers’ Kirk reactions

A Texas teachers’ union that lobbied against state laws allowing religious curriculum in public schools says a new investigation into several teachers’ comments responding to the fatal shooting of Charlie Kirk violates their First Amendment rights.

Texas AFT (American Federation of Teachers) filed a lawsuit Tuesday against the Texas Education Agency (TEA) and Commissioner Mike Morath over what it describes as the TEA’s “unlawful investigations” into remarks from several teachers across the Lone Star State in response to Kirk’s assassination at Utah Valley University last September.

According to the complaint filed in U.S. District Court in Austin, after Morath urged school districts to report “reprehensible and inappropriate” content related to Kirk’s killing, he sent a Sept. 12 letter to district superintendents in which he announced plans to refer “all documentation of educators that have proliferated such vile content” to TEA investigators.

In the letter, Morath stated that he would assess whether the content violated the Texas Educators’ Code of Ethics and warranted disciplinary action.

In addition to asking the court to compel Morath to retract his directive instructing school leaders to report any instances of “inappropriate content” about Kirk’s death on teachers’ social media accounts, Texas AFT wants the court to order Morath to issue revised guidance clarifying to superintendents that districts are not required to report such speech to the state if it qualifies as legally protected.

As of Jan. 5, the TEA reported it was actively investigating 95 complaints related to teachers’ reactions to the Kirk shooting, according to NBC affiliate KXAN-TV.

Kirk, who was 31 years old, was fatally shot in the neck Sept. 10 during a Turning Point USA event at Utah Valley University in Orem, shortly after a member of the audience asked him about mass shootings by transgender-identifying individuals.

In the wake of Kirk’s death, students and teachers from across the nation have faced backlash for mocking the assassination, including a student who was expelled from Texas State University for mimicking Kirk’s fatal shot. Several U.S. companies also fired employees for mocking or otherwise supporting Kirk’s assassination.

In a statement announcing the lawsuit, Texas AFT President Zeph Capo said the legal action is a response to “politicians and bureaucrats [who] think it is good for their careers to trample on educators’ free speech rights.”

“They decided scoring a few cheap points was worth the unfair discipline, the doxxing, and the death threats targeted at Texas teachers,” said Capo. “Meanwhile, educators and their families are afraid that they’ll lose everything: their livelihoods, their reputations, and their very purpose for being, which is to impart critical thinking. Educators don’t give up their constitutional rights when they get their first teaching job. We look forward to defending our members and making our case in court.”

AFT President Randi Weingarten called Morath’s actions a “state-sponsored attack on teachers because of what they thought were private comments to friends and family.”

“You don’t lose your constitutional rights when you decide to become a teacher,” said Weingarten. “The Constitution, for it to have any meaning at all, has to work for all Americans, not just some. Teachers pour their heart and soul into their work with kids. They should be judged on that work, not some culture war that exploits horrific violence for political ends.”

While a vocal advocate for teachers’ First Amendment rights, Texas AFT lobbied against the passage of SB 10 and SB 11, two laws passed last year that require a mandatory display of the Ten Commandments and an optional daily prayer or religious study period, respectively, in public schools.

Following the passage of SB 10 last August, Texas AFT issued a statement critical of what the union said was an “unprecedented amount of legislation that infringes on students’ and educators’ right to be free of religion in our public schools.”

“While supporters view this as a reinforcement of religious freedom, opponents raise concerns about potential peer pressure and the blurring of lines between church and state in public education …” the union argued. “Rather than improving learning and working conditions, SB 10 and SB 11 will result in the alienation of students and educators alike. Our schools should be a welcoming place for all, free from government-sponsored and government-imposed religion.”

Texas AFT did not immediately respond to CP’s request for comment as of Wednesday afternoon.

Billed as one of Texas’ largest teacher unions, Texas AFT boasts 66,000 members statewide, consisting of K-12 and community college educators, support staff, and retired members.