A US District Court judge is allowing the Texas Education Agency (TEA) to continue investigations into teachers over their social media posts following Charlie Kirk’s assassination.
US District Judge Alan Albright, who was appointed by President Donald Trump in 2018 and recently announced his resignation, denied the Texas American Federation of Teachers’ request for a preliminary injunction, which would have put a stop to the agency’s investigations while a lawsuit from the union makes its way through court.
Following Kirk’s death in September 2025, TEA Commissioner Mike Morath told Texas educators in a letter anyone who comments on Kirk’s assassination on social media—even on personal accounts—will be investigated for potentially violating the educators’ code of ethics.
In response, the Texas American Federation of Teachers (AFT)—a union representing millions of educators across the state—announced a lawsuit against the TEA and Morath in January, claiming the on-going investigations “unleashed a wave of retaliation and disciplinary actions against teachers” and violate teachers’ First Amendment protected speech that is made outside of the classroom.
The lawsuit also claimed Texas AFT members had been placed on administrative leave or terminated—consequences with potentially lasting damage to their employment prospects — and accused the TEA of enforcing a social media policy so vague and overbroad as to be constitutionally impermissible.
But during a virtual hearing on April 22, Albright found insufficient evidence that Morath’s letter violated the First Amendment rights of teachers or that the on-going investigation is causing educators any harm.
Albright ended the hearing saying he would work to dismiss the case.
Texas Republicans have worked to push Kirk’s ideology into public schools since his death, with Republican Gov. Greg Abbott vowing to put Turning Point USA chapters—an organization co-founded by Kirk that advocates for conservative politics on high school, college, and university campuses—in all Texas schools.
Lt. Gov. Dan Patrick also pledged $1 million of his own campaign funds in November to help put Turning Point USA chapters in all Texas high schools and college campuses.
