Texas Education Commissioner Mike Morath is asking a federal judge to dismiss a lawsuit filed by the Texas American Federation of Teachers over disciplinary actions taken against educators following social media posts about the 2025 assassination of conservative activist Charlie Kirk.
The lawsuit, filed in January, accuses the Texas Education Agency and Morath of violating teachers’ First Amendment rights by encouraging school districts to report and investigate educators who posted what the agency described as “reprehensible and inappropriate” comments about Kirk’s death.
According to court filings, Morath directed superintendents in September 2025 to report such posts to the state, triggering investigations into more than 350 educators across Texas. Officials say most cases have since been dismissed or found unsubstantiated, though dozens of investigations remain open.
Texas AFT argues the directive led to what it calls a “wave of retaliation,” including firings, suspensions, and other disciplinary actions against teachers for speech made outside the classroom and on personal social media accounts. The union maintains those comments were protected under the Constitution and did not disrupt school operations.
The lawsuit asks the court to block the TEA’s policy, halt ongoing investigations, and require the agency to issue new guidance clarifying that legally protected speech does not need to be reported.
In its latest move, the TEA is seeking to have the case thrown out, arguing the claims lack sufficient legal basis. The agency has largely declined to comment publicly on the pending litigation.
The dispute stems from sharply divided reactions nationwide following Kirk’s killing, with some educators facing backlash for posts critical of the conservative activist. While state officials have argued that certain comments could violate educator ethics standards, union leaders contend the policy is overly broad and has had a chilling effect on free expression.
The case now heads to federal court, where a judge will determine whether the lawsuit can proceed or should be dismissed.
