The Texas American Federation of Teachers (AFT) announced on Tuesday that it plans to sue the Texas Education Agency (TEA) over what it called "unlawful investigations" into school officials over social media posts made about Charlie Kirk's assassination.
In September, Texas Commissioner of Education Mike Morath sent out a letter to state school superintendents announcing that he was launching investigations into school officials that he said "posted and/or shared reprehensible and inappropriate content on social media" regarding the Turning Point USA founder's death.
"Such posts could constitute a violation of the Educators' Code of Ethics and each instance will be thoroughly reviewed to determine whether sanctionable conduct has occurred and staff will investigate accordingly," Morath wrote. "While the exercise of free speech is a fundamental right we are all blessed to share, it does not give carte blanche authority to celebrate or sow violence against those that share different beliefs and perspectives."
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The lawsuit alleges that since the letter was issued, several Texas AFT members have been placed on administrative leave, reprimanded or terminated over their social media posts, which the organization claims is a First Amendment violation.
"Somewhere and somehow, our state's leaders lost their way," Texas AFT President Zeph Capo said in a statement. "A few well-placed Texas politicians and bureaucrats 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. 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."
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National AFT President Randi Weingarten also released a statement condemning the TEA.
"Sadly, Texas officials, unlike their colleagues in Utah, decided to exploit the tragedy of Mr. Kirk's senseless murder, rather than deescalate," Weingarten said. "Their actions are a transparent effort to smear and shame educators, divide our communities, and deny our kids opportunities to learn and thrive. They are a state-sponsored attack on teachers because of what they thought were private comments to friends and family. And even if we think some of this speech is noxious, defending one's right to speak is the essence of our democracy."
She added, "You don't lose your constitutional rights when you decide to become a teacher-the Constitution, for it to have any meaning at all, has to work for all Americans, not just some."
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The AFT is seeking a permanent injunction of the TEA policy and investigations. The TEA declined to comment to Fox News Digital.
In the weeks following Kirk's assassination, several public school teachers across the nation were reprimanded or fired after going viral with controversial social media posts that appeared to celebrate his death.
Texas Gov. Greg Abbott previously announced that more than 100 teachers in the state would have their teaching certifications suspended after investigators found they had called for or encouraged violence following Kirk's assassination.
