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Texas Union Sues Education Agency Over Free Speech Probes

Published 6 January 2026

A major teachers union in Texas filed a federal lawsuit on Tuesday against the state's education agency, alleging that investigations into educators' social media comments following the killing of conservative activist Charlie Kirk violate free speech protections.

The Texas American Federation of Teachers, representing about 66,000 public school employees, sued the Texas Education Agency and Commissioner Mike Morath in U.S. District Court in Austin. The suit challenges a September letter Morath sent to school superintendents, which directed them to report educators for posting what he described as "reprehensible and inappropriate content" about Kirk on social media after his death. Kirk, the founder of Turning Point USA, was shot and killed on September 10 while speaking at Utah Valley University in Utah.

According to the lawsuit, the letter prompted more than 350 complaints to the agency about teachers and school staff, leading to disciplinary actions including administrative leave, reprimands and at least one termination. The union argues that these measures infringe on First Amendment rights, as the posts were made on personal accounts outside work hours and did not disrupt...

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