Case Update: Victory! The Liberty Justice Center announced a victory for free speech in North Carolina where—after over a year of litigation—a federal court approved a proposed settlement in C.M. v. Davidson County Board of Education.
Case Background: On May 7, the Liberty Justice Center filed a lawsuit against the Davidson County Board of Education on behalf of Christian McGhee, a sixteen-year-old student whose question about the word “aliens” in English class led to a harsh suspension and false accusations of racism by his own school.
On April 9, sophomore Christian McGhee raised his hand and asked his English teacher whether her reference to the word “aliens” referred to “space aliens, or illegal aliens who need green cards?” Although there was no substantial disruption to the class, the school decided to suspend Christian for three days out of school, with the administration equating his question to a vicious racial slur. Christian was also prohibited from competing in a season-defining track meet. No appeal was permitted.
Having been branded as a racist by his school, Christian’s return was met with ostracism, bullying, and threats. Concerned for his safety, his parents unenrolled him and he is now completing the semester through a homeschooling program.
The Liberty Justice Center sued the school board on behalf of Christian and his family for violating his rights to free speech, education, and due process. The lawsuit argued that the school board had no legal justification to suspend Christian because his comment was protected speech under the First Amendment. The lawsuit also sought to remove the suspension from Christian’s academic record.
In a hearing on July 1, 2025, the Honorable Judge Thomas David Schroeder of the U.S. District Court for the Middle District of North Carolina found that the parties’ proposed settlement was “fair, reasonable, and in the best interest of [Christian].” Court approval to the settlement was a necessary prerequisite to the case’s closure because Christian is a minor. The proposed settlement, once formally adopted by the Davidson County Board of Education, will ensure justice and closure for Christian McGhee.
“The court’s approval represents a critical step towards finally vindicating Christian’s constitutional rights and clearing his record of false allegations,” said Dean McGee, Senior Counsel and Director of Educational Freedom at the Liberty Justice Center.
“We are grateful for the Liberty Justice Center’s tireless efforts to bring justice to our son, and to the members of the current school board who chose to work with us to help resolve the case,” said Christian McGhee’s parents, Leah and Chad McGhee. “Together with the help of our community, we have proved that constitutional rights do not end at schoolhouse doors. We are celebrating this victory and hope it encourages other families to stand firm in the face of adversity.”
C.M. v. Davidson County Board of Education was filed in the U.S. District Court for the Middle District of North Carolina on May 7, 2024.
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(Fox Business)—In this interview with Fox Business, Director of Educational Freedom Dean McGee and client Leah McGhee discuss LJC’s recent free speech victory for a North Carolina high schooler was suspended and harshly accused of racism for asking a question containing the phrase “illegal alien.” To learn more about the...
(Federation for American Immigration Reform)—When asked about the process of how to maximize learning Albert Einstein once remarked, “The important thing is not to stop questioning.” Most educators would agree, though evidently not some in the Davidson County, North Carolina, school system — especially if the question involves a prickly...
(Todd Starnes)—Christian McGhee was suspended from Central Davidson High School in North Carolina. The 17-year-old got in trouble after a teacher told him to use the word “alien” in a sentence. McGhee asked if she was referring to space aliens or illegal aliens without green cards. The school determined that...
Author: Madeline Leesman (Townhall Media)—There’s been an important update in the saga surrounding Christian McGhee, the North Carolina teenager who was suspending after saying “illegal alien” at school. To recap, in 2024, Leah covered how the Liberty Justice Center filed a lawsuit against the Davidson County Board of Education on...
Author: Sharon Myers (Davidson Local)—Davidson County Schools has agreed to settle a lawsuit filed by a student who was suspended from Central Davidson High School in 2024 for using the term “illegal alien” and causing a classroom disruption. According to the settlement agreement that was filed with the U.S. Middle...
Author: Justyn Araya DeBusk (WGHP)—A proposed settlement agreement would have Davidson County Schools pay a family $20,000 and issue a public apology after a student was reportedly suspended for making what the school board deemed a “racially motivated comment.” The plaintiff’s motion for settlement approval offers insight into the proposed...
Author: T. Keung Hui (Raleigh News & Observer)—A North Carolina school district has agreed to pay $20,000 and publicly apologize to a high school student who was suspended and accused of making “racially insensitive” comments for saying “illegal aliens” in class. Christian McGhee was suspended for three days in April...