In a victory for free speech, a North Carolina school district has settled a lawsuit after suspending a student for using the term “illegal aliens” in class, forcing it to apologize and pay damages.
At a Glance
- A student suspended for saying “illegal aliens” receives $20,000 and an apology.
- Davidson County school district settlement corrects the student’s record.
- Liberty Justice Center deems it a win for free speech.
- Legal precedent set for student speech rights in schools.
School District’s Settlement and Apology
Central Davidson High School in North Carolina faced backlash after suspending 16-year-old Christian McGhee for his classroom comment in April 2024. During an English class discussion, McGhee asked whether the term “aliens” referred to “space aliens or illegal aliens who need green cards.” The school officials deemed this a “racially insensitive remark,” suspending him for three days and marking his record. This decision sparked a legal battle led by McGhee’s parents, Leah and Chad, who insisted this was a free speech violation.
In an outcome celebrated by conservatives, Judge Thomas David Schroeder approved a settlement on July 1, 2025. The agreement demands a public apology from the Davidson County Board of Education, the removal of any record of racial bias from McGhee’s school file, and a $20,000 payment to the McGhee family. This outcome sets a powerful precedent for student speech rights, especially when legally recognized terms are involved.
The McGhee family took a stand. We stood with them—and WON. This victory sends a strong message to school officials who attempt to play speech police. https://t.co/zf1CSHzP2F
— Liberty Justice Center (@LJCenter) July 25, 2025
Liberty Justice Center’s Role
The McGhee family, represented by the Liberty Justice Center, framed the case as a crucial battle for free speech rights in educational settings. They argued that Christian’s use of “illegal aliens” was a legally accurate term used in political and legal discourse, not a racially insensitive comment. The settlement underscores the necessity for schools to respect students’ constitutional rights while balancing discipline, a notion strongly supported by the Liberty Justice Center.
This case echoes the 1969 Tinker v. Des Moines decision, where the Supreme Court ruled that students do not lose their First Amendment rights at school, provided their speech does not cause substantial disruption. The settlement reaffirms this principle and could influence how schools nationwide approach language-related disciplinary actions. The Liberty Justice Center heralded this resolution as a significant victory, emphasizing the importance of protecting student expression even when it involves controversial terms.
Responses and Implications
The Davidson County Board of Education agreed to the settlement terms without admitting liability or wrongdoing, likely to avoid further legal entanglement and public scrutiny. The case has drawn the attention of notable public figures, including Donald Trump, highlighting the political and social resonance of immigration discourse in America. This resolution not only clears McGhee’s record but also sends a message to educational institutions about the extent of their disciplinary reach.
