Texas AFT files request for preliminary injunction in TEA lawsuit

On Monday, January 26, Texas AFT filed a request for a preliminary injunction in our ongoing litigation against TEA's unconstitutional investigations of educators exercising their First Amendment rights in the wake of Charlie Kirk's assassination. The motion asks the Court to order the State to stop enforcing the policy that TEA commissioner Mike Morath issued in September 2025, requiring that school districts report teachers to TEA for any "vile" or "reprehensible" posts about Mr. Kirk's death. The motion also requests that the Court order TEA to suspend all such investigations.

Texas AFT President Zeph Capo submitted a written declaration as an exhibit to the motion, writing that Texas AFT members that are under investigation have been reprimanded and terminated for speech that took place outside the classroom.

"Educators don't forfeit their right to engage in free speech simply by virtue of their employment as public school employees. … Now the state is using these investigations to go after educators' certifications, with at least one Texas AFT member being inappropriately placed on the state's Do Not Hire list. State leaders are playing a dangerous game, and Texas teachers are paying the price." - Zeph Capo.

In addition to these investigations, Texas AFT members have faced harassment on social media, ranging from doxxing to death threats. Click here to view a sample of redacted threats.

TEA's deadline to respond to Texas AFT's complaint is February 2. Texas AFT will continue to report on this litigation as developments warrant.