Texas AFT Files Lawsuit Against TEA for Retaliation on Free Speech

Austin, Texas

Today, leaders from Texas AFT and the national AFT, Zeph Capo and Randi Weingarten, announced the initiation of a federal lawsuit against the Texas Education Agency (TEA) and its commissioner, Mike Morath. The lawsuit challenges TEA's investigations into educators' activities that are protected under the First Amendment, following the assassination of Charlie Kirk last September.

The lawsuit claims that the TEA's September 12 letter led to retaliation and disciplinary measures against teachers who engaged in speech protected by the First Amendment outside their professional duties. Since then, members of Texas AFT have faced administrative leaves, reprimands, and terminations over social media comments related to this public issue. The lawsuit describes the TEA policy as "impermissibly vague, overbroad," potentially harming educators' future job opportunities.

Zeph Capo, president of Texas AFT, stated, "Somewhere and somehow, our state’s leaders lost their way. 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. Educators don’t give up their constitutional rights when they get their first teaching job. We look forward to defending our members and making our case in court."

Read the full complaint here

AFT President Randi Weingarten remarked, "Educators devote their lives to meeting the needs of every child. They need resources, support and clarity, not blaming and shaming, not star chambers and not state-run snitch lines. Sadly, Texas officials, unlike their colleagues in Utah, decided to exploit the tragedy of Mr. Kirk’s senseless murder, rather than deescalate. 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. 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. Teachers pour their heart and soul into their work with kids. They should be judged on that work, not some culture war that exploits horrific violence for political ends."

At 1:30pm CT today, Texas AFT President Zeph Capo and National AFT President Randi Weingarten will conduct a press conference, which will be livestreamed on the AFT YouTube channel, at the Texas AFL-CIO building in Austin. For more details, check out the advisory here.

The Texas American Federation of Teachers represents 66,000 teachers, paraprofessionals, support personnel, and higher-education employees across the state. Texas AFT is affiliated with the 1.8-million-member American Federation of Teachers and the AFL-CIO.

The AFT represents 1.8 million pre-K through 12th-grade teachers; paraprofessionals and other school-related personnel; higher education faculty and professional staff; federal, state and local government employees; nurses and healthcare workers; and early childhood educators.

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