A 16-year-old student suspended for saying “illegal alien” during class has won a $20,000 settlement and a public apology from his school board in a stunning victory for free speech rights.
Key Takeaways
- Christian McGhee, suspended for using the term “illegal alien” in class, will receive a $20,000 settlement and public apology from the Davidson County Board of Education.
- The school board has agreed to remove all references to racism or racial bias from McGhee’s educational record.
- Liberty Justice Center represented the student in his lawsuit claiming violations of free speech, education rights, and due process.
- McGhee faced threats and harassment after the suspension, leading to his withdrawal from public school to attend private education.
- A school board member resigned after allegedly smearing the student’s mother online and later facing a DWI charge.
Legal Victory Affirms Constitutional Rights in the Classroom
The Davidson County Board of Education has reached a settlement with Christian McGhee, a 16-year-old student who was suspended for using the term “illegal alien” during a classroom discussion. The resolution includes a $20,000 payment to the McGhee family, a public apology from the school board, and the removal of any references to racial bias from McGhee’s educational record. This case represents a significant win for free speech advocates and highlights the ongoing tension between school discipline policies and constitutional rights of students in educational settings.
“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 Incident That Sparked the Lawsuit
The controversy began on April 9, 2024, at Central Davidson High School when McGhee asked during a class discussion if “aliens” referred to “space aliens or illegal aliens who need green cards.” This comment resulted in a three-day suspension for allegedly making a racially motivated remark. The suspension could not be appealed due to being less than ten days in duration, leaving the family with limited administrative options to challenge the disciplinary action. The McGhee family maintained that the student’s comment was protected under First Amendment rights.
“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.
The family’s position was further strengthened by legal experts who pointed out that “illegal alien” is a legal term that appears in federal statutes and Supreme Court decisions. “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.”
Aftermath and Settlement Details
Following his suspension, Christian McGhee faced significant harassment and threats from other students, ultimately forcing him to withdraw from Central Davidson High School. The settlement includes financial compensation specifically intended to help offset the costs of his new private education. The lawsuit, filed by the Liberty Justice Center on behalf of the McGhee family, alleged violations of the student’s rights to free speech, education, and due process—claims the school board has effectively acknowledged through the settlement terms.
“On Friday, we filed a motion asking the court to approve a settlement that would resolve this matter. Because Christian is a minor, a court hearing is required before the settlement can become final. We’ll have more to say after that hearing, but we’re pleased to take this important step toward clearing our client’s name,” said Dean McGee.
School Board Controversy Deepens Case
The case took additional turns when allegations emerged that board members, particularly former member Ashley Carroll, had engaged in inappropriate behavior targeting the McGhee family. Leah McGhee accused board members of sharing her past arrest record online while deliberately omitting information about her subsequent positive contributions to society. These actions prompted a powerful rebuke from the student’s mother during a school board meeting.
“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.”
Carroll later resigned from the board after being charged with driving while impaired following a car crash that injured a student. The settlement includes a confidential apology from a board member, believed to be related to these social media attacks. The case underscores the growing pushback against what many conservatives see as overreach by educational institutions attempting to regulate speech under the guise of promoting inclusivity, often at the expense of constitutional rights.
