A federal judge has allowed the Texas Education Agency to continue its investigations into teachers over social media posts made following the assassination of conservative activist Charlie Kirk, signaling a likely end to a legal challenge brought by the state’s largest teachers’ union.
During a Wednesday hearing, U.S. District Judge Alan D. Albright declined to block the investigations, siding with arguments from the state that the agency is enforcing long-standing professional standards rather than creating new rules. The lawsuit, filed earlier this year by the Texas American Federation of Teachers, argued that the agency’s actions had created a chilling effect among educators, leaving them uncertain about what they can safely express online.
At the center of the dispute is a letter sent by Texas Education Commissioner Mike Morath shortly after Kirk’s death. The union contends the letter effectively introduced a new requirement directing school superintendents to report educators to the agency if they encountered what they considered inappropriate social media posts related to the incident. Union attorneys argued that this directive extended beyond existing policies and risked punishing teachers for speech made outside the classroom.
Attorneys representing the state, including B. Keith Ingram, countered that the agency’s actions were grounded in an educator code of ethics that has been in place for decades. They maintained that the goal of the reporting process is to identify potential threats or conduct that could negatively impact students, not to police political viewpoints.
The hearing also provided new details about the scope of the investigations. According to the state, roughly 350 complaints were referred to the agency. Nearly all were reviewed and dismissed, with only a small number advancing to formal investigations. Of those, just six teachers faced deeper scrutiny, and only two cases remained unresolved at the time of the hearing.
Judge Albright repeatedly pressed union attorneys to provide clear examples of how teachers’ constitutional rights had been violated. While the union pointed to instances where educators experienced employment consequences or delays in certification during investigations, the judge appeared unconvinced that the investigative process itself constituted punishment.
The union argued that even without formal discipline, the existence of an investigation can have serious professional consequences. Being placed under review may affect a teacher’s ability to secure employment or maintain certification, both of which are essential for continued work in education. From the union’s perspective, these risks are enough to discourage teachers from speaking freely on matters of public concern.
Albright, however, expressed skepticism that the agency’s actions would deter lawful speech. He suggested that educators should already exercise judgment in their public statements, particularly when those statements could be perceived as inappropriate or harmful in a school context. The judge indicated that the reporting guidance from the agency did not appear to mandate punishment, but rather initiated a process to determine whether misconduct had occurred.
By the end of the hearing, Albright signaled that the case is likely to be dismissed. He pointed to the Younger abstention doctrine, a legal principle requiring federal courts to defer to ongoing state proceedings in certain circumstances. Because some of the teachers involved in the investigations have cases moving through the State Office of Administrative Hearings, the judge indicated those matters should be resolved at the state level before federal intervention is considered.
While acknowledging that individual teachers might still pursue civil rights claims through the appropriate channels, Albright suggested that the broader challenge to the agency’s actions does not belong in federal court at this stage.
The union maintains that its lawsuit addresses broader constitutional concerns that go beyond individual disciplinary cases. It argues that the overall climate created by the agency’s guidance affects educators statewide, not just those under investigation.
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