Several school districts in the Houston area have launched investigations after reports of current or former employees making insensitive comments about political activist Charlie Kirk’s death on their personal social media accounts.
Many of the posts, which have been shared in social media groups and by state lawmakers, have been taken down or hidden on social media accounts since being shared.
“For the vast majority of employees, if your employer doesn’t like what you post, they can discipline you up to and including termination,” said Ryan Nelson, an employment law professor at South Texas College of Law Houston.
Pasadena ISD
Pasadena Independent School District said it is addressing inappropriate and insensitive comments made by an employee regarding the recent death of Kirk.
In a statement posted online Wednesday, Superintendent Toni Lopez said the remarks are being handled administratively and emphasized they do not reflect the district’s values, standards, or expectations.
“We regret that these comments were made,” the statement read. “Pasadena ISD is committed to maintaining a respectful and compassionate environment for all.”
The district extended condolences to Kirk’s family, friends, and all who are mourning his passing.
Goose Creek CISD
A state lawmaker has called for two Goose Creek CISD teachers to be fired after making several Facebook posts about Kirk’s death.
“She is celebrating the news of Charlie Kirk’s assassination,” State Rep. Briscoe Cain wrote in a Facebook post about one of the teachers.
While Goose Creek CISD has not confirmed names or positions of any teachers, the district confirmed an investigation is underway.
“The district is aware of a recent social media post made by an employee regarding current political affairs. While we are unable to comment on the situation pending further administrative review, we want to be clear that our District firmly rejects all forms of hate and violence. Any confirmed violations of District policy will be addressed in accordance with our employment policies and procedures,” a spokesperson told KPRC 2 News.
The district would not share information about the employee’s current status.
Dickinson ISD
In a social media post, the superintendent at Dickinson ISD said a former substitute teacher posted a “hateful” and “offensive” comment.
However, the superintendent said the substitute hasn’t worked for the school district since 2022.
What employees should know before posting
Nelson, the associate professor at South Texas College of Law Houston, said it might be best for employees to avoid doubt and not post.
“Courts apply a balancing test. They balance the employer’s interest in things like, maintaining reputational integrity, maintaining order in the workforce, avoiding disruption, against the employee as a citizen’s right to speak freely," Nelson said.
He noted that public employees may have more free speech rights than private employees.
“If you choose to exercise your right to free speech, you should know that as a public employer, there are limits on what public employers can do in response to that, but not for private employers. So if you’re going to speak, make sure you’re doing so with caution,” Nelson said. “If you’re a private employee and you don’t have an individual contract or a collective bargaining agreement that protects your right to speak in some way, your employer can fire you without needing any reason, let alone a good one. If you’re a public employee, you could have those same contractual rights, but on top of them, you also have a constitutional protection for free speech. But you should know that that right is not unlimited."
He suggested also reviewing any sort of employee handbook to get a better sense of what an employer is likely to do based on social media posts.
And if a social media profile has a disclaimer that posts don’t reflect the views of the user’s employer, Nelson said that may not be enough to protect the employee.
“It’s really such a gamble. It’s so difficult to try to figure out if this is going to be speech that is protected, that I think the best course of action for any employee is avoid the doubt and don’t post,” he said.