The Texas Monthly reported on the aftermath of the murder of Charlie Kirk. Texas legislators wanted to punish public employees that posted “inappropriate” responses to his death. Their scrutiny ensnared 350 teachers who had not responded in a way that expressed sympathy. Eventually almost all the teachers were cleared of wrongdoing, but in the near term, they lived under a cloud of fear, fear that they would be fired, fear that they would lose their license. The hero in this story was the Texas AFT, the union, which stepped in to defend the teachers, few of whom could afford to pay for legal defense.
Naina Srivastava of The Texas Monthly wrote:
In her 28 years as a teacher working at schools in the Harris County area, Jennifer Courtemanche felt most at home at Lee High School. That changed for the 54-year-old English teacher on September 10. Hours after conservative influencer Charlie Kirk’s assassination, Courtemanche made a series of posts on Facebook about the right-wing influencer’s death and was met with dozens of comments, texts, and voicemails from strangers attacking her positions. Someone—it’s unclear who—reported her to the Goose Creek Consolidated Independent School District, while others attacked her directly. “I hope you’re next,” one read. “I hope you die by violence in front of your family,” said another. “Kill yourself,” said a third.
Courtemanche, who was born in Dallas and has lived in Texas for her whole life, had made four posts about Kirk that day. The first, in response to Utah Governor Spencer Cox’s statement that Kirk’s assassination was a tragedy, read, “I’ll bet if the victim had been Black or Brown or a Democrat influencer he’d have been singing a different tune. Could Kirk have baited just ONE too many people? Could this have been the consequences of his actions catching up with him?” The second was a repost of a friend’s post, containing a list of controversial statements on civil rights, the LGBTQ community, and gun deaths that Kirk had made throughout the years. The third was another repost, this time from Occupy Democrats, a progressive advocacy group, that quoted Kirk— “I can’t stand the word empathy, actually,”—with the caption “#karma.” And the last was another Occupy Democrats repost about President Donald Trump and other Republicans’ silence after Melissa Hortman, a former speaker of the Minnesota House of Representatives, was assassinated in her home last June.
At some point, Courtemanche’s posts reached the attention of Texas State Representative Briscoe Cain, a Republican from Deer Park who represents her district. On X, he called for her immediate termination for “celebrating the news of Kirk’s assasination.” That post now has over 550,000 views.
That night, Courtemanche recalls furiously searching for the settings to make her account private. A half hour before midnight, she received another voicemail. “I found your address. Someone is going to come to your house and f— you up, bitch,” an anonymous caller said. As messages continued to pour in, she worried about how people in the community might react. Courtemanche said she and her husband didn’t even go to church that Sunday, despite being regulars. Scared, Courtemanche reached out to her school principal, asking what she should do. He told her to call her local police department and to contact the district’s Human Resources. She did.
The next morning, the HR department rang her back. The district told her not to come in and that she was being put on administrative leave. By the next Monday, Courtemanche received an email from the district notifying her that it had reported her to the Texas Education Agency.
In the wake of Kirk’s assassination, there was a wide push by the Texas GOP to discipline teachers who’d made posts about his passing that it deemed offensive. Two days after Kirk died, TEA Commissioner Mike Morath instructed ISDs to report instances of educators sharing inappropriate content online to his agency. In total, 350 complaints were levied, including those against Courtemanche. According to documents obtained by Texas Monthly via public-records requests, some school districts, like Goose Creek, chose to terminate employees after conducting investigations. Others simply reported the complaint for a state investigation into the matter. But more than six months after Kirk’s death, it appears the discipline Texas politicians promised hasn’t gone very far. All but two of the 350 complaints against teachers had been dismissed as of April, according to the testimony of Keith Ingram, an attorney with the Office of the Attorney General.
Courtemanche’s case is an instructive one outlining how the state attempted to crack down on anti-Kirk speech. On September 22, less than two weeks after her original posts, the Goose Creek school board voted to terminate her contract by a vote of 2–0 with four abstentions. Mercedes Renteria III, one of the two members who voted for Courtemanche’s termination, gave an interview with the town’s local paper, TheBaytown Sun. “[S]he is an incompetent teacher, and she shouldn’t have crossed the line and spoken publicly on social media and every other venue to say bad things about Charlie Kirk,” he said. “I think she should be fired, and karma’s a bitch. How about that?”
Courtemanche immediately sought legal representation via the Texas American Federation of Teachers, a statewide labor union. By November, she had reached a settlement with the school that cleared her of wrongdoing. She chose to retire, but per the settlement, she waited until December 31 to resign, giving her an additional year’s worth of credit—worth $200 each month—under the teacher-retirement system.
Courtemanche was not alone. In January, the Texas AFT, which has more than 66,000 members, filed a lawsuit against the TEA, arguing Morath’s instructions for districts to report teachers violated teachers’ First Amendment right to speech and “unleashed a wave of retaliation and disciplinary actions against teachers.” The AFT contends that simply being placed under investigation—even if the probe leads nowhere—negatively impacts an educator’s reputation. When the state opens an investigation, it places a flag on the educator’s certification and can even include them on the agency’s public registry listing employees “Not Eligible For Hire,” according to the TEA’s website. Such investigations can result in the sanction or revocation of their teaching certificate.
AFT President Zeph Capo estimates that thirty to forty educators reached out to the AFT regarding discipline about Kirk posts. Some ended up being part of the litigation, while the AFT offered verbal counseling and individual representation to others. Capo said the organization’s biggest concern was for educators who were unable to renew their certificates while under investigation. If an educator’s certificate lapses, the school district could fire him or her automatically, he said.
“Just imagine you’ve went to school, you’ve paid a lot of money, you are now at risk of not being able to renew your certification to keep your job, all because of something you said on a Facebook post that had nothing to do with kids or anyone else,” Capo said. “That has an absolute chilling effect on those individuals.”
The Texas AFT’s lawsuit is supported by six anonymous teachers’ experiences, though filed on behalf of all its members. One teacher was placed on the “do not hire” registry for three months, preventing them from finding work, according to the lawsuit. Another was unable to renew her certification because she was under investigation and may lose her job this month as a result.
Texas Monthly’s investigation found that some teachers were reported for fairly tame posts, including reposts of popular progressive infographics regarding Kirk’s statements and gun violence. An educator who wrote, “He was ok with children dying in schools. I am not saying he should have been shot. He defended guns above all else,” received a complaint. Another educator posted a screenshot of a Newsweek article with the headline, “Charlie Kirk Says Gun Deaths ‘Unfortunately’ Worth It To Keep 2nd Amendment,” with the caption, “First Amendment meets Second Amendment.” That educator also received a complaint. To some observers, these posts, in particular, seem to squarely fall under the protection of the First Amendment.
Because teachers are public employees, however, their free speech rights are limited in some contexts. There have not been any notable Supreme Court rulings that directly address teachers and students’ social media usage, but the landmark 1969 Supreme Court ruling in Tinker v. Des Moines established that if speech outside the classroom “materially and substantially disrupt(s) the work and discipline of the school,” it can be restricted.
Daxton “Chip” Stewart, a Texas Christian University professor and First Amendment expert, said that the question at the heart of the Kirk cases is whether speech outside of the classroom may have affected lessons within it. “Posts about Charlie Kirk are undoubtedly a matter of public concern,” Stewart said. “That’s core First Amendment-protected speech. People should be able to comment about that kind of thing. So really, it comes down to, does that speech interfere with teachers’ [abilities] to do their jobs.”
This question has come up repeatedly in the complaints to the TEA obtained via records request. For example, in an email to an educator with the district who received a complaint for her posts, the Eagle Mountain–Saginaw ISD superintendent wrote, “You do not get to stop being a teacher off contract hours. You continue to be seen as a public service provider that is entrusted to take care of a vulnerable, impressionable community of children. It is expected that you conduct yourself in a manner at all times that is conducive to earning and maintaining the trust of the community, parents, students and coworkers.”
Stewart believes this standard is unfair. If a teacher spoke about Charlie Kirk in the classroom, it would be a different story, a “no-brainer,” he said. But in teachers’ private time, the state must prove that the speech is something outrageous for it to be punishable. (Ultimately, both Eagle Mountain–Saginaw and the TEA declined to take action against the educator.)
In the past, the TEA has protected teachers’ right to speech that is controversial. In 2019, a Fort Worth English teacher asked president Trump for help removing the “illegals” from Fort Worth’s school system. She was fired. Morath said that her tweet was protected by the First Amendment, that the school district had overstepped, and that she should be reinstated. Later, courts upheld her firing.
That Morath is now taking a different stance strikes Capo, who agreed the Fort Worth teacher should not have been fired, as evidence of viewpoint discrimination in the TEA when it comes to free speech. “At least be consistent,” he said. “If you’re going to fire people for speech, then fire them for speech no matter which political direction it runs, and if you’re not going to fire them for speech, then you should be doing the same regardless of [the] political direction it comes from.”
The case between the TEA and Texas AFT hinges on the interpretation of Morath’s directive: whether it constituted a policy that school districts were required to follow. The letter sent to superintendents noted that if superintendents were made aware of “additional instances of inappropriate content being shared,” they should report it to the agency. In a September media statement, Morath said, “While all educators are held to a high standard of professionalism, there is a difference between comments made in poor taste and those that call for and incite further violence — the latter of which is clearly unacceptable.”
Capo said Morath has failed to define what would be considered “poor taste” or “inciting violence,” leading many districts to report teachers improperly out of caution. Indeed, some districts, like Cypress-Fairbanks ISD, reported they were influenced to submit complaints to the TEA because of the letter, even though they believed their employees’ speech fell within their rights. In an email to the TEA, the general counsel for Cy-Fair ISD, for one, wrote, “The District reviewed each instance of reported misconduct related to the death of Charlie Kirk individually and in light of the legal standards applicable to the specific situations. Because none of the posted comments were determined to violate District policies and to fall within the First Amendment rights of each employee, the complaints do not fall within the reporting requirements of Chapter 22A of the Texas Education Code.” However, the district still chose to report the complaint, it said, because of the notice letter.
So far, the courts have sided with the TEA. At an April preliminary injunction hearing in the U. S. District Court for the Western District of Texas, Alan Albright, appointed by Donald Trump in 2018, said he failed to see how Morath’s letter infringed upon the First Amendment. “He’s not recommending punishment here,” Albright said. “He’s recommending that if the superintendents determine that inappropriate statements, in their view, were made, that there might be, you know, one of these investigations. I don’t understand how that’s chilling.”
The Texas AFT now has the option to appeal the ruling, but Capo said it likely will not, owing to the dismissal of most of the complaints against teachers. He said every AFT member who was terminated has now reached a favorable settlement or returned to work without disciplinary action. “Ultimately, what I was really looking for, it has been accomplished,” Capo said. He told me the union now believes that its other members won’t have to worry about state sanctions or issues that could impact their teaching certifications.
For Courtemanche, however, even reaching a settlement felt like a bittersweet resolution. She told me she’s just starting to heal from what happened. Some people she went to church with unfriended her, she said. “And so I guess if they weren’t friends to begin with, I could still go and worship with them. But if they pass judgment on me, that’s on them,” she told me.
Initially, when the social media firestorm started, Courtemanche feared she’d be pushed out of the classroom before she was ready to stop teaching. But after the investigation, she was eager to retire. She’s eligible to find work at a different school next year, but she told me it’s unlikely she’ll go back.She said the environment for educators has gotten worse in Texas, and she doesn’t want to subject herself to further difficulties.