On July 2, the Liberty Justice Center announced a victory for free speech in North Carolina, where—after over a year of litigation—the court has approved a proposed settlement in C.M. v. Davidson County Board of Education.
The proposed settlement, once formally adopted by the Davidson County Board of Education, will ensure justice and closure for Christian McGhee, a former Central Davidson High School student who was suspended for racial bias after using the phrase “illegal aliens” in a clarifying question during his sophomore English class. In a hearing held on July 1, 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.
While the approved proposed settlement has been filed under seal, the Liberty Justice Center can confirm that the resolution will remove the false references to alleged racial bias from Christian’s record. The parties will also issue a joint statement that includes an apology from the Davidson County Board of Education and an acknowledgment of a former board member’s inappropriate response to the incident—a response that included false statements which compounded the harm to Christian.
The Liberty Justice Center filed a lawsuit on Christian’s behalf in May 2024, after he was suspended for an April classroom discussion in which he asked whether a reference to “aliens” meant “space aliens or illegal aliens.” The school administration mischaracterized Christian’s question as racially motivated, resulting in a three-day suspension without a hearing or opportunity to appeal. The incident was also recorded in Christian’s school records as racially biased, threatening to unfairly impact his future college opportunities.
“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.”
The legal filings in C.M. v. Davidson County School Board are available here. The Liberty Justice Center thanks Raleigh-based attorneys Troy Shelton and Craig Schauer for their service as local counsel in filing the case.