Texas Teachers Sues Texas Education Agency Over Investigations Into Educators' Speech

Texas Teachers Sues Texas Education Agency Over Investigations Into Educators' Speech

Texas AFT says the TEA policy has created uncertainty and fear across school districts statewide.

Raeylee Barefield
Raeylee Barefield
January 9, 2026

Texas American Federation of Teachers (AFT) President Zeph Capo and American Federation of Teachers President Randi Weingarten announced the filing of a federal lawsuit against the Texas Education Agency (TEA) and Commissioner Mike Morath, challenging what they describe as unconstitutional investigations into educators' protected speech.

The lawsuit stems from actions taken by TEA following the September assassination of Charlie Kirk. According to the complaint, a September 12 letter issued by the agency triggered disciplinary investigations into teachers for speech made outside the classroom and unrelated to their official duties.

Texas AFT argues that the agency's actions violated educators' First Amendment rights and created a chilling effect on free expression.

The complaint alleges that in the months following the letter, teachers were placed on administrative leave, reprimanded, or terminated based on social media posts discussing a matter of public concern. The lawsuit described the policy as "impermissibly vague" and "overbroad," warning that it could have long-term consequences for educators' careers and professional reputations.

"Educators don't give up their constitutional rights when they get their first teaching job," said Zeph Capo. "A few well-placed Texas politicians and bureaucrats think it's good for their careers to trample on educators' free speech rights."

Capo added that teachers and their families have faced doxxing and death threats while fearing the loss of their jobs. Texas AFT says the policy has created uncertainty and fear across school districts statewide.

Randi Weingarten criticized Texas officials for what she described as exploiting a tragedy rather than de-escalating tensions.

"They need resources, support, and clarity, not blaming and shaming, not star chambers and not state-run snitch lines," she said.

Weingarten emphasized that even controversial speech remains protected under the Constitution.

The lawsuit seeks to block further investigations and disciplinary actions based on educators' protected speech. Texas AFT says it is pursuing the case to defend its members and clarify constitutional boundaries for state agencies.

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Raeylee Barefield

Raeylee Barefield

Raeylee Barefield is a student at the University of Texas at Austin pursuing a degree in Government. She enjoys reading, writing, and cooking in her spare time.

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