TCTA outlines educators' right to free speech as TEA investigates comments related to Kirk assassination

On Friday, Sept. 12, 2025, Commissioner of Education Mike Morath wrote to superintendents of Texas school districts regarding “Texas public school educators that have posted and/or shared reprehensible and inappropriate content on social media related to the assassination of Charlie Kirk.” In that letter, Morath stated that complaints regarding such postings would be referred to TEA’s Educator Investigations Division to determine whether the Educators’ Code of Ethics was violated. 

In the days following, TCTA has become aware of multiple educators who have been the subject of disciplinary action at their district or who have been referred to TEA for potential sanctions due to comments made on social media. TCTA has also received multiple inquiries from educators about the extent to which their speech is protected.

TCTA denounces violence and believes that it has no place in political discourse. We condemn the actions of the individual who murdered Mr. Kirk and believe that he should be tried and, if convicted, subjected to criminal penalties that reflect the severity of his crimes. We also extend our condolences to his family and friends and to those who will be forever traumatized by witnessing the horrific act of violence that took his life.

The right to free speech is a fundamental tenet of law in our society, but it is essential that educators be aware of both their rights and responsibilities related to speech. An educator should not assume that all speech, whether spoken or posted online, is protected. Courts have held that the determination of whether a district may take action against an educator for engaging in speech requires a balance between the interests of the educator, as a citizen, in commenting upon matters of public concern, and the interests of the school district in performing its services efficiently. 

Courts have consistently held that public employers may not use their authority over employees to silence discourse simply because they disagree with the content of employees' speech. However, a district may take action against an educator for speech that causes significant disruption that interferes with the district's interest in operating its schools in an environment in which children feel safe. In making this determination, districts may consider factors such as whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker's duties or interferes with the regular operation of the school.

TEA is a governmental entity and its authority to sanction educators is also subject to free speech considerations. However, TEA is empowered to enforce the Educators’ Code of Ethics, which imposes specific limits on aspects of educator speech. Whether any of those provisions apply to specific complaints brought before TEA is an issue that an educator can challenge by requesting a hearing regarding any attempt to impose sanctions against an educator’s certificate. 

The determination of whether any one example of speech is protected is very fact-specific and must be subjected to the balancing test described above. This is the reason that due process is important. School districts cannot impose disciplinary actions, including contract nonrenewal and termination, against teachers without offering the opportunity for due process. Similarly, TEA cannot impose sanctions against an educator without offering the opportunity for the educator to show compliance with the law and to request a hearing to contest the imposition of sanctions against them. 

TCTA is committed to representing our members and ensuring that they get the benefit of due process. Our attorneys review the individual facts of our member’s situation, identify the correct legal standard to apply, and provide advice regarding a course of action that is designed to afford our member the greatest opportunity to respond to allegations, and if necessary, defend themselves.   

Educators who want to engage in their right to speak on matters of public concern but are worried about potential retaliation should be mindful of community sentiment and the impact that their statements may have on a broader audience. Particularly with respect to social media, educators should remember that no platform is truly “private” and that any comment posted can be captured and shared without your knowledge or consent. Thoughtful, respectful and professional dialogue is always preferred. 

Current TCTA members who have questions about their right to free speech should contact the legal department at 888-879-8282 for advice tailored to your specific situation. We also urge current TCTA members who are facing potential employment or certification action due to any specific statements that they have made to contact us immediately.