North Carolina high school student wins $20,000 settlement and public apology after being suspended for simply using the term “illegal alien” during a classroom discussion.
Key Takeaways
- Christian McGhee, a student at Central Davidson High School, 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 Davidson County Board of Education has agreed to pay $20,000 to the McGhee family, issue a public apology, and remove all references to racial bias from the student’s educational record.
- The Liberty Justice Center filed a lawsuit on behalf of the McGhee family, claiming violations of the student’s rights to free speech, education, and due process.
- The settlement money will help cover the cost of McGhee’s new private school, which he enrolled in after facing threats and harassment following the incident.
- A school board member who allegedly smeared the student’s mother online resigned after being charged with DWI in an incident that injured a student.
Free Speech Victory for Student Suspended Over Immigration Terminology
The Davidson County Board of Education in North Carolina has reached a settlement with Christian McGhee, a student who was suspended for using the term “illegal alien” during a classroom discussion. The incident, which occurred on April 9, 2024, at Central Davidson High School, led to a three-day suspension after McGhee reportedly asked if “aliens” referred to “space aliens or illegal aliens who need green cards.” School officials claimed this language violated board policy by making what they characterized as a racially motivated comment, despite the fact that “illegal alien” is a legal term commonly used in immigration discourse.
“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,” the boy’s mother, Said Leah McGhee.
The settlement, which requires court approval since McGhee is a minor, includes a $20,000 payment to the family, a public apology from the school board, and removal of any references to racial bias from McGhee’s educational record. The compensation is intended to help cover the costs of McGhee’s new private school education, which became necessary after he faced threats and harassment following the incident, forcing his withdrawal from Central Davidson High School.
Legal Battle Over Classroom Speech
The Liberty Justice Center took up McGhee’s case, filing a lawsuit against the Davidson County Board of Education on grounds that the school system violated the student’s constitutional rights to free speech, education, and due process. The lawsuit highlighted that suspensions of less than 10 days cannot be appealed in the district, effectively denying McGhee any recourse to challenge the disciplinary action. This policy created a situation where a student could be labeled as racist without any opportunity to defend himself.
“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, attorney at the Liberty Justice Center.
The settlement represents a significant victory for free speech advocates who have long argued that politically correct speech codes in schools have gone too far in restricting legitimate discourse, especially on contentious topics like immigration. By conceding that McGhee’s language was not racist and agreeing to apologize publicly, the school board has effectively acknowledged the overreach in this case. The board’s decision to settle rather than fight the lawsuit suggests recognition of the weakness of their position.
School Board Drama Adds to Controversy
The case took an even more disturbing turn when allegations emerged that school board members had engaged in online harassment targeting Leah McGhee, Christian’s mother. According to reports, former board member Ashley Carroll allegedly shared Leah McGhee’s past arrest record online, deliberately omitting information about her subsequent positive contributions to society. This attempt to discredit a parent advocating for her child’s rights added another layer of impropriety to the school district’s handling of the situation.
“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 addressing the school board.
In an ironic twist, Carroll later resigned from the board after being charged with DWI in connection with a car crash that injured a student. As part of the settlement, a confidential apology from a board member is included, though the specific details remain private. The incident highlights the increasingly contentious nature of school board politics across the country, particularly when issues of free speech and immigration intersect with educational policies.
Implications for School Speech Policies
This case exemplifies the growing tension between progressive speech codes in educational settings and constitutional protections for free expression. The term “illegal alien” appears in federal law and Supreme Court decisions, yet many schools have adopted policies that treat such terminology as inherently offensive or racist. The settlement in McGhee’s case may encourage other students and parents to challenge similar restrictions on speech, particularly when schools attempt to enforce politically motivated language guidelines without clear legal foundation.
“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,” the school board in May 2024.
For conservative parents concerned about ideological indoctrination in public schools, the McGhee case offers both a cautionary tale and a roadmap for resistance. The successful legal challenge demonstrates that schools cannot arbitrarily punish students for using politically disfavored but legally accurate terminology, especially when such punishment carries the stigma of false accusations of racism. As immigration remains a central issue in American politics, the right to discuss it using precise legal language becomes increasingly important in educational settings.
