High Schooler Suspended for Saying ‘Illegal Alien’ in Class Wins $20,000


A North Carolina high school student who was suspended in April 2024 for using the term “illegal alien” during class has secured a $20,000 settlement, a public apology, and the removal of references to racial bias from his school record, according to court documents first obtained by The Carolina Journal.

The settlement between the Davidson County Board of Education and the student’s family is pending judicial approval in federal court.

Newsweek reached out to the lawyer for the student and the school district via email for comment on Wednesday.

Why It Matters

This case raised national questions about free speech, students’ rights, and school discipline policies in the United States.

The legal dispute tested the limits of First Amendment protections in educational settings, and the resulting settlement has been cited as a notable development in debates over language, race, and disciplinary practices in public schools.

The story has garnered widespread media attention and sparked discussion about the balance between promoting inclusive school environments and safeguarding constitutionally protected speech.

What To Know

The Davidson County Board of Education agreed to issue a public apology, pay $20,000 in compensation, and expunge all references to racial bias from the student’s school records as part of a lawsuit settlement, according to filings with the U.S. District Court for the Middle District of North Carolina.

The $20,000 award is to help defray the cost of the new private school he transferred to following the incident and ongoing litigation, the outlet said.

McGhee, then a sophomore at Central Davidson High School in Lexington, North Carolina, was disciplined after using the phrase “illegal alien” in a vocabulary lesson.

School administrators cited his remark as “offensive” and “disrespectful to Hispanic classmates,” resulting in a three-day suspension for what was classified as a “racially insensitive remark” that disrupted the class, according to the outlet.

His family, represented by the Liberty Justice Center, filed a lawsuit against the Davidson County Board of Education and former Assistant Principal Eric Anderson, alleging the suspension violated McGhee’s rights to free speech, due process, and access to education.

Old School Chalk Board
File photo of a blackboard in a schoolhouse at the Carillon Historical Park in Dayton, Ohio.

Getty

While the school board maintained the disciplinary action was warranted due to classroom disruption, it agreed in the settlement to acknowledge that its characterization of the incident as racially biased was an error. The board committed to issuing a formal apology and amending the student’s record to remove any mention of racial bias, according to the court records.

During the yearlong legal dispute, Ashley Carroll, a member of the school board, resigned. Reports indicate this resignation was due to personal reasons unrelated to the case, The Carolina Journal reported.

The Liberty Justice Center described the resolution as a step toward clearing McGhee’s name and protecting students’ constitutional rights.

What People Are Saying

Dean McGee, senior counsel for educational freedom at the Liberty Justice Center, said in a statement to The Carolina Journal: “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.”

What Happens Next

The proposed settlement is pending approval by a judge in the U.S. District Court for the Middle District of North Carolina.

Once approved, the Davidson County Board of Education will issue a public apology and clear the student’s record of any reference to racial bias, finalizing the terms of the agreement.



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