A Texas teachers union has sued the state over what it said was a trampling of educators’ free speech rights when hundreds came under investigation for their comments after the killing of Charlie Kirk.

The Texas branch of the American Federation of Teachers filed the federal lawsuit against the Texas Education Agency and its commissioner Mike Morath on Jan. 6, the union said. The suit claims investigations into at least 350 teachers after Kirk’s death were “unlawful” and that a letter issued by Morath to superintendents around the state targeting “reprehensible and inappropriate content on social media” prompted punishment and retaliation against teachers.

Kirk, 31, was fatally shot on Sept. 10, 2025, while speaking at an event at Utah Valley University in Orem, Utah. The cofounder of Turning Point USA, a conservative youth-focused organization, Kirk was a close ally of President Donald Trump. Shooting suspect Tyler Robinson has been charged with his murder.

After Kirk’s death, a wave of backlash came in response to online posts condemning his views or otherwise criticizing him. Right-leaning public figures and prominent social media accounts called for firings of people whose posts they deemed inappropriate.

Morath’s letter on Sept. 12 directed superintendents to report “inappropriate conduct being shared” to the Texas Education Agency’s Educator Investigations Division, which investigates teachers for allegations of misconduct, the Texas AFT said in its suit, which was reviewed by USA TODAY. The union said teachers were investigated not for speech made in classrooms, but for posts made on their personal, often private social media pages.

“In the months since, the consequences for our members have run the gamut from written reprimands and administrative leave to doxxing and termination from their jobs,” AFT Vice President and Texas Chapter President Zeph Capo said at a news conference.

The Texas Education Agency didn’t immediately respond to a request for comment on Jan. 7.

Lawsuit claims teachers were disciplined for exercising free speech

CORPUS CHRISTI, Texas (AP) — Families whose loved ones died in the Uvalde, Texas, elementary school massacre sobbed in court while listening to frantic 911 calls during the first day of testimony in the trial of a police officer accused of failing to protect the children by not doing enough to stop the attack.

A prosecutor told jurors Tuesday that former school officer Adrian Gonzales arrived outside the school just before the teenage gunman went inside but didn’t make a move to stop him even when a teacher pointed to where he was firing in a parking lot.

The officer went into Robb Elementary only “after the damage had been done,” special prosecutor Bill Turner said during opening statements.

The judge overseeing the case and attorneys warned jurors that the testimony and images will be emotional and difficult to process. Among those expected to testify will be some of the victims’ families.

Tissue boxes were brought to the families as the testimony began. Some shook their heads as they listened to audio from the first calls for help. Their cries grew louder as the horror unfolded on the recordings.

Defense attorneys disputed that Gonzales — one of two officers charged in the 2022 attack — did nothing, saying he radioed for more help and evacuated children as other police arrived.

“The government makes it want to seem like he just sat there,” said defense attorney Nico LaHood. “He did what he could, with what he knew at the time.”

Prosecutors focused sharply on Gonzales’ steps in the minutes after the shooting began and as the first officers arrived. They did not address the hundreds of other local, state and federal officers who arrived and waited more than an hour to confront the gunman, who was eventually killed by a tactical team of officers.

Gonzales has pleaded not guilty to child abandonment or endangerment and could be sentenced to a maximum of two years in prison if convicted.

Witness testimony will resume Thursday morning.

Students grabbed scissors to confront attacker

Defense attorneys said Tuesday that Gonzales was focused on assessing where the gunman was while also thinking he was being fired on without protection against a high-powered rifle.

“This isn’t a man waiting around. This isn’t a man failing to act,” defense attorney Jason Goss said.

Gonzales and former Uvalde schools Police Chief Pete Arredondo are the only two officers to face criminal charges over the response. Arredondo’s trial has not been scheduled.

Gonzales, a 10-year veteran of the police force, had extensive active shooter training, the special prosecutor said.

“When a child calls 911, we have a right to expect a response,” Turner said, his voice trembling with emotion.

As Gonzales waited outside, children and teachers hid inside darkened classrooms and grabbed scissors “to confront a gunman,” Turner said. “They did as they had been trained.”

Families question why more officers weren’t charged

It’s rare for an officer to be criminally charged with not doing more to save lives.

“He could have stopped him, but he didn’t want to be the target,” said Velma Lisa Duran, sister of teacher Irma Garcia, who was among the 19 students and two teachers who were killed.

Some families of the victims have voiced anger that more officers were not charged given that nearly 400 federal, state and local officers converged on the school soon after the attack.

An investigation found 77 minutes passed from the time authorities arrived until they breached the classroom and killed Salvador Ramos, who was obsessed with violence and notoriety leading up to the shooting.

Reviews found many failures with police response

State and federal reviews of the shooting cited cascading problems in law enforcement training, communication, leadership and technology, and questioned why officers waited so long.

The officer’s attorneys told jurors that there was plenty of blame to go around — from the lack of security at the school to police policy — and that prosecutors will try to play on their emotions by showing photos from the scene.

“What the prosecution wants you to do is get mad at Adrian. They are going to try to play on your emotions,” Goss said.

“The monster who hurt these children is dead,” he said.

Prosecutors likely will face a high bar to win a conviction. A Florida sheriff’s deputy was acquitted by a jury after being charged with failing to confront the shooter in the Parkland, Florida, school massacre in 2018 — the first such prosecution in the U.S. for an on-campus shooting.

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Vertuno reported from Austin, Texas. Associated Press journalists Nicholas Ingram in Corpus Christi, Texas; Juan A. Lozano in Houston; and John Seewer in Toledo, Ohio, contributed.

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Former Texas Longhorns fan favorite wide receiver Parker Livingstone committed to the Oklahoma Sooners on Tuesday, per ESPN’s Pete Thamel.

Livingstone, who is transferring after his redshirt freshman season and will have three years of eligibility remaining, took visits to both Indiana and Oklahoma. He will now call Norman home and face his former school and new arch-rival annually in the Red River Rivalry.

The Lucas, Texas, native caught 29 passes for 516 yards and six touchdowns this season. He ranked third in yards, fourth in catches, and second in touchdowns amongst all Longhorns pass-catchers in 2025.

Livingstone’s goodbye message and transfer commitment

Livingstone, who grew up a Longhorns fan, became a fan favorite early on in the season, as he scored three touchdowns in Texas’ opening two games to lead the pass-catching corps. The known fact that he was quarterback Arch Manning’s roommate also contributed to the fan-favorite sentiment. To many, it likely seemed that Livingstone would be here to stay in Austin.

But in college football’s present landscape, there are no guarantees, and Livingstone announced his decision to enter the portal on Jan. 1. His commitment to Texas’ biggest rival now adds to the shock of his departure.

“Never in a million years did I think I would be going into the portal looking for a new home,” Livingstone wrote in his goodbye on X. “Some things are out of my control. Such is the reality of the ever-changing landscape of college football. Emptied my tank every day for this great university, my teammates & all of the good folks of Texas. Grateful.”

The message that Livingstone’s transfer portal decision was “out of (his) control” brought a whirlwind of speculation and interest in the details of his exit from the Texas Longhorns program. It’s difficult to put together exactly what occurred behind closed doors to shatter the Livingstone-Texas relationship. But after an article in The Athletic mentioned Livingstone’s “out of my control” wording in his note, On Texas Football’s Bobby Burton wrote on X:

“Livingstone was offered a mid-six-figure NIL/rev share deal and turned it down. The offer was never withdrawn. But yeah, he was forced out involuntarily. Whatever.”

Livingstone’s move from one side of the Red River to the other will certainly be a storyline heading into the 2026 edition of the rivalry matchup on Oct. 10.

With both Livingstone and DeAndre Moore Jr. exiting the Forty Acres to enter the transfer portal recently, Texas has been expected to pursue top portal names to add to its wide receiver room. One of those players is former Auburn wide receiver Cam Coleman, who has taken a visit to Austin and is still in his decision-making process. Coleman, who will likely be a one-and-done at his next collegiate destination due to his NFL Draft status, ranks as the No. 1 player in the On3 Transfer Portal Rankings.