A North Carolina school district has been ordered to admit its mistake, publicly apologize, and pay $20,000 after being sued for suspending a 16-year-old student for using the term “illegal aliens” during a class discussion.
The legal battle, which lasted for a year, was finally settled on Tuesday in the U.S. District Court for the Middle District of North Carolina, marking a victory for the student’s First Amendment rights.
The lawsuit was filed after Davidson County Schools suspended Christian McGhee in April 2023 for asking, “Do you mean space aliens or illegal aliens who need green cards?” during an English class discussion.
Although the student was making a simple point about the language being used in the debate, the school deemed his comment racially insensitive, resulting in a three-day suspension and marks indicating “racially insensitive behavior” on his permanent record.
The case caught the attention of President Donald Trump.
Trump sent a personal recommendation letter to McGhee as he seeks an athletic scholarship in the future.
According to the Liberty Justice Center, which helped with the litigation, McGhee’s fight for free speech has sparked broader conversation about First Amendment rights in public schools.
In addition to the $20,000 payment, the settlement requires Davidson County Schools to issue a public apology to McGhee, remove the “racially insensitive” marks from his record, and acknowledge that the school’s response to the incident was inappropriate.
However, as stated in the court order, the settlement does not amount to an admission of liability or wrongdoing.
Sarah Parshall Perry, vice president and legal fellow at Defending Education, emphasized the significance of the case, saying:
“As the Supreme Court has often reminded us in its First Amendment jurisprudence, students do not shed their free speech rights at the schoolhouse gate.”
Perry also criticized the current state of education, noting how “many educators have become lost in the wake of the previous administration’s identity politics obsession.”
Perry’s comments reflect the broader concern that public schools are increasingly prioritizing political correctness over constitutional rights.
“The mission of American education is rooted in the viewpoint diversity of a pluralistic society,” she continued, expressing hope that the outcome of this case would remind schools to respect students’ free speech rights.
The case also brought attention to how McGhee’s mother defended her son, including attending school board meetings to voice her concerns.
The Liberty Justice Center alleges that two members of the board retaliated by sharing her arrest record with county leaders and residents, encouraging them to spread it on social media.
This settlement sends a strong message to public schools: students’ constitutional rights must be respected, and educators should think twice before infringing on free speech for the sake of political correctness.
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