A North Carolina high school student suspended for saying “illegal alien” in class has won a $20,000 settlement and a public apology from the Davidson County Board of Education after filing a free speech lawsuit.
Key Takeaways
- Christian McGhee was suspended for three days after asking if “aliens” referred to “space aliens or illegal aliens who need green cards” during a class discussion.
- The Liberty Justice Center filed a lawsuit on behalf of the McGhee family, claiming violations of free speech, education rights, and due process.
- The settlement includes a $20,000 payment to help with private school costs, a public apology, and removal of all racial bias references from McGhee’s educational record.
- School board officials admitted McGhee’s language was not racist, despite initially suspending him for making a “racially motivated comment.”
- The case highlights growing tensions over free speech in public schools and the politicization of immigration terminology.
How a Simple Question Led to a Suspension
The controversy began on April 9, 2024, at Central Davidson High School when Christian McGhee asked his teacher if a class discussion about “aliens” referred to “space aliens or illegal aliens who need green cards.” This question resulted in an immediate three-day suspension for allegedly violating school policy by making a “racially motivated comment.” School administrators provided no appeal process for the suspension, as it fell under the 10-day threshold that would trigger automatic review rights. The incident quickly escalated beyond a simple disciplinary action.
“On April 9, my son received a write-up stating that he violated a board of education policy by using or making a racially motivated comment, saying that an alien needs a green card,” said the boy’s mother, Leah McGhee.
Following the suspension, Christian faced significant harassment and threats from other students, ultimately forcing his withdrawal from the school. His parents sought legal representation, maintaining that their son’s use of a legally recognized term could not possibly constitute a racial slur. “There is nothing inappropriate about saying aliens need green cards, and there certainly isn’t a case for racism due to the fact that aliens are not a race.”
Legal Battle and Vindication
The Liberty Justice Center stepped in to represent the McGhee family, filing a lawsuit that claimed the school system had violated Christian’s constitutional rights to free speech, education, and due process. The legal team argued that school officials had manufactured a racial incident without justification and branded Christian as racist without providing him any opportunity to defend himself or appeal the decision. The lawsuit demanded the suspension be reversed and removed from his record.
“School officials have effectively fabricated a racial incident out of thin air and branded our client as a racist without even giving him an opportunity to appeal,” said Dean McGee, Liberty Justice Center
In a surprising turnaround, the Davidson County Board of Education conceded that McGhee’s language was not racist and agreed to a comprehensive settlement. The agreement includes a $20,000 payment to help cover the cost of Christian’s new private school, a public apology, and the removal of any reference to racial bias from his educational record. The settlement also includes a confidential apology from a board member, though a court hearing is still required to finalize the terms due to Christian being a minor.
School Board Drama Intensifies Case
The case took on additional dimensions when it was revealed that a former school board member, Ashley Carroll, had allegedly smeared Leah McGhee online by sharing her past arrest record while omitting her subsequent positive contributions to society. This personal attack led to a dramatic confrontation at a school board meeting where Leah directly addressed the board about this behavior. Carroll subsequently resigned from the board after facing a DWI charge related to a car crash that injured a student.
“Through your reckless attempt to slander my name, you have successfully re-traumatized my family. Your weak attempt to assault my character has failed, but your malicious character has been highlighted. It is my opinion that two members on this board are highly corrupt,” said Leah McGhee.
The successful settlement represents a significant victory for free speech advocates who have expressed concern about the increasing censorship of legally and historically accepted terminology in educational settings. The case highlights the challenges schools face in balancing sensitivity with constitutionally protected speech rights, especially regarding contentious political topics like immigration. For the McGhee family, the vindication comes after months of stress and disruption, but with the satisfaction of having stood up for constitutional principles.
