On January 6, Texas AFT filed a federal lawsuit against the Texas Education Agency and Commissioner Mike Morath, challenging their unconstitutional investigation of more than 350 educators for exercising their constitutionally protected First Amendment rights on their personal social media.
This lawsuit represents a line in the sand. After months of Texas AFT President Zeph Capo trying to reach out to Commissioner Morath in good faith, we received no response. He reached out again in December to request a meeting and notify the commissioner that we were exploring legal options. Not once did he receive a reply.
When state leaders refuse to have a dialogue and instead choose to trample on educators’ constitutional rights, we have no choice but to defend our members through every legal avenue available.
What This Case Is Really About
In the days following the September 2025 assassination of political commentator Charlie Kirk, Commissioner Morath sent a letter to school districts demanding investigations into any educator who made what he personally deemed “reprehensible” comments about Kirk on social media. The vague, overbroad policy essentially made the commissioner’s personal sensibilities the measure of what speech is acceptable for Texas educators.
Let’s be clear about what Morath is after: these are educators who commented on their personal, private social media accounts, often on private pages visible only to friends and family, about Kirk’s controversial public statements on race, immigration, and other issues. They weren’t standing in front of their classrooms sharing opinions with students. They were private citizens engaging in protected speech about matters of public concern on their own time.
The First Amendment exists precisely to protect this kind of speech. And educators don’t surrender their constitutional rights when they accept their first teaching position.
The Real-World Consequences of TEA’s Investigations
Since TEA’s September directive, the consequences for our members have been devastating. Texas AFT members have been placed on administrative leave, received written reprimands, doxxed with their photos and school information spread across social media, received death threats, and, in some cases, been terminated from their positions.
The fear among educators is so pervasive that we’ve had to keep anonymous the members who bravely shared their experiences in the complaint. Several members have already experienced invasions of their privacy, and we cannot expose them to further risk.
Even educators not directly reported to TEA are feeling the chilling effect. The policy’s vague language makes it impossible to know what might trigger an investigation. When the only standard is whether the commissioner personally finds something objectionable, how can any educator feel safe expressing views on social media?
And the harm starts immediately: even being placed under initial investigation puts educators on a statewide “Do Not Hire” list, damaging their career prospects before any finding of wrongdoing. Between 50 and 100 of our members have contacted us for support related to state or district-level sanctions.
A Manufactured Crisis
Somewhere along the way, Texas leaders lost their way. A few well-placed politicians and bureaucrats decided that scoring cheap political points was worth the unfair discipline, the doxxing, and the death threats targeted at Texas teachers. They decided that educators who have dedicated their entire lives to supporting the next generation of Texans should be their favorite punching bag.
This is a transparent effort to smear and shame educators, divide our communities, and use a horrific act of violence as a weapon in culture wars that have nothing to do with what actually happens in classrooms.
What Happens Next
The lawsuit is now in federal court, and we’re prepared to see this through. Educators pour their heart and soul into their work with students. They show up every day to meet the needs of every child. They deserve resources and support, not a witch hunt.
We filed this lawsuit because educators don’t give up their constitutional rights when they’re off the clock. We’ll make that case in court, and we’ll defend our members for as long as it takes. The full complaint is available here, and our press release of the announcement is on our website.
If you’re a member who has been affected by these investigations, please reach out to your union representative or contact our office directly. We’re here to support you.