A federal court has ordered a North Carolina school district to apologize, pay $20,000, and expunge disciplinary records after a 16-year-old student was suspended for using the term “illegal aliens” during a classroom discussion.
The settlement, approved Tuesday by U.S. District Judge Thomas Schroeder, resolves a legal dispute between Davidson County Schools and the family of student Christian McGhee, who filed a lawsuit in 2024 alleging violations of his First Amendment rights.
Suspension Sparks Lawsuit
McGhee, then a sophomore, was suspended for three days in April 2024 after he asked during an English class discussion, “Do you mean space aliens or illegal aliens who need green cards?” His question was deemed “racially insensitive” by the school administration, and the incident was added to his permanent disciplinary record.
The McGhee family, represented by the Liberty Justice Center, filed a federal lawsuit shortly after, arguing the punishment amounted to unconstitutional censorship and mischaracterization of protected speech.
Court-Mandated Settlement
According to the terms of the court-approved settlement:
- Davidson County Schools must issue a formal, public apology to McGhee
- The school must correct his permanent record by removing any reference to “racially insensitive behavior”
- The district must pay $20,000 to the student
- The school must acknowledge the “inappropriate response” by a former employee involved in the disciplinary decision
Although the district has agreed to these terms, the settlement does not include an admission of liability or wrongdoing.
Judge Schroeder noted that while the parties initially moved to keep the revised settlement sealed, they withdrew the request, making the agreement a matter of public record.
National Attention and Fallout
The case drew national attention, including from President Donald Trump, who wrote McGhee a personal letter of recommendation in support of his pursuit of an athletic scholarship.
Sarah Parshall Perry, legal fellow at Defending Education, praised the ruling, saying, “Students do not shed their free speech rights at the schoolhouse gate. That it took a federal lawsuit and ultimately a court-approved settlement … is indicative of how far lost many educators have become.”
She added, “Our hope is that after Christian’s ordeal, schools will think twice about trampling on the free speech rights of their students.”
Additional Allegations
The Liberty Justice Center also alleged that McGhee’s mother, who publicly defended her son at school board meetings, was later targeted in an effort to discredit her. According to the center, two board members shared her past arrest record with local leaders and encouraged residents to post it on social media.
Looking Ahead
The case raises ongoing questions about political sensitivities in education and how schools respond to it.
With the court ruling now finalized, McGhee’s record will be cleared, and the school is expected to issue the mandated apology in the coming weeks.
The decision to punish a student for using the term “illegal aliens”—a term used in federal law and by government agencies—highlights growing concerns about political sensitivity overtaking objective language in schools. Critics of the suspension argue it’s absurd to treat legally accurate terminology as if it were a racial slur, and see the case as a troubling indicator of how public education may be prioritizing ideological policing over intellectual honesty. The incident raises broader questions about whether schools are equipping students for civic discourse or merely enforcing conformity to shifting political norms.
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ILLEGAL ALIEN is the correct term for anyone in the country illegally. Thankful to see this was settled correctly. THEY ARE NOT IMMIGRANTS, JUST ILLEGAL ALIENS. And for years the left called dimwit nitwits have pressed for the USA to call them immigrants. Immigrants come here legally and integrated into our society. They know they have to speak english, read english and know a lot about our culture and their children must also be familiar and speak and read our language.
I have always been angry when we have to hire bilingual teachers to educate their illegally here children. It drags down the learning curve and is expensive. The department of education was all for the drag on education. Glad it is being dismantled. Back to the fact that the USA is not a spanish speaking country and english is our first and only legal language.
And come to the USA legally, OR DO NOT COME AT ALL!!!!
I hope those two board members that shared her past arrest record with local leaders and encouraged residents to post it on social media are required to apologize. This “Woke” school crap is what has caused a lot our problems.
Good article Ms. Drake.