The lawsuit filed by the Texas AFT claims that teachers in public schools have a constitutionally protected right to free speech, and that their speech in their personal capacity, such as on social media, is protected. The suit claims that teachers’ rights were violated when they were investigated or faced disciplinary action for their posts about Kirk. It also alleges that the policy to report teachers for “inappropriate” content was unfairly vague.

“These teachers were disciplined solely for their speech, without any regard to whether the posts disrupted school operations in any way,” the lawsuit reads.

Teachers whose cases are mentioned in the lawsuit were kept anonymous, Capo said, to protect them from further harassment. Many teachers are fearful to express any more opinions, effectively silencing their speech, he said.

One of the teachers, who made a post described in the lawsuit as one that “simply raised questions about the circumstances of Mr. Kirk’s death and did not promote violence in any way,” was shared by a lawmaker who used it as part of an election campaign and called for the teacher’s dismissal. The high school English teacher, who has taught for 27 years, was placed on administrative leave and later fired. She settled a wrongful termination claim with the school district, the lawsuit said.

Another teacher of 16 years and a military veteran who previously won “Teacher of the Year” in his school district and made posts criticizing Kirk for his views on Black Americans is under an ongoing investigation by the state agency, the lawsuit said.

“We denounced Charlie Kirk’s assassination, we denounced violence after Uvalde. We denounce violence,” said AFT President Randi Weingarten. “What happened in the next few days (after Kirk’s killing), wasn’t about violence or denouncing violence, it was about muzzling the expression of constitutionally protected nonviolent speech.”

Dozens lost jobs over posts about Kirk

In the wake of Kirk’s death in September, USA TODAY counted dozens of examples of people who lost their jobs, were suspended or investigated over posts or comments they made about the conservative podcaster, including educators, lawyers, doctors, first responders and others.

They include a dean at Middle Tennessee State, Laura Sosh-Lightsy, who was fired for a social media post saying she had “zero sympathy” for Kirk; a Marine who called Kirk a “racist man” who was “popped”; and Jimmy Kimmel, whose ABC show was temporarily suspended after he made comments about Kirk.

Some educators who lost their jobs filed lawsuits alleging their free speech rights were violated. A teacher in Iowa who compared Kirk to a Nazi; a South Carolina teacher’s assistant who posted a Kirk quote and said she disagreed with him but called the death a “tragedy”; and an employee of an Indiana university who said Kirk’s death was wrong and condemned some of his beliefs all filed suits on free speech, according to reporting from the USA TODAY Network. Each case kicked up a flurry of social media outrage and calls for the educators’ firings.

In Tennessee, a tenured theater professor at Austin Peay State University was reinstated after originally being fired for comments he made online after Kirk’s killing, the Tennessean, part of the USA TODAY Network, recently reported.