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Texas teachers union files federal lawsuit to protect free speech

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Freda Ross
(Texas News Service)

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The Texas teachers union is fighting back against what it calls threats to free speech.

The American Federation of Teachers-Texas has filed a federal lawsuit against the Texas Education Agency and its Commissioner Mike Morath for investigating teacher’s social media posts made about slain conservative podcaster Charlie Kirk.

Zeph Capo, president of the union, said the lawsuit was filed to protect the rights of educators.

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"Just because someone is a teacher in the state of Texas doesn’t mean that they check their free speech rights at the door," Capo contended. "The decision made by the Commissioner of Education was overly vague, as well as puts the state in direct opposition to individual constitutional rights of our members."

In a letter to superintendents, Morath said the posts could constitute a violation of the Educator’s Code of Ethics. The union is suing the agency on behalf of four teachers who were investigated for comments they made on social media after Kirk’s death.

Around 100 educators reached out to the union about their cases. Many have been cleared by their local school districts but are still awaiting their state hearing. Capo pointed out teachers fear their careers are in jeopardy.

"The investigation being done by the state of Texas could result in the suspension or revocation of their teaching certification," Capo stressed. "Which would then result in them being terminated because they wouldn’t have a legal right to teach in the state of Texas."

He added Texas is already facing a teacher shortage and the commissioner’s actions only worsen the situation. The agency said it’s still investigating 95 complaints and no teacher certificates have been revoked.