16-year-old student suspended for using ‘Illegal Alien’ fights back at school district

A North Carolina teenager who was suspended from class for three days last month for using the term “illegal aliens” is suing his school district for violating his First and Fourteenth Amendment rights.

Christian McGhee, 16, is a sophomore at Central Davidson High School in Lexington, North Carolina.

The Liberty Justice Center, a non-profit litigation firm with a commitment to constitutional freedom, announced Tuesday it is suing McGhee’s school district for sending him home.

The group said in a news release that on April 9, the teen was involved in a classroom discussion when his teacher used the word “alien.”

The teen asked the teacher to clarify if she was referring to “space aliens, or illegal aliens who need green cards?”

The Liberty Justice Center said the question caused no disruption in class, but administrators made a decision to suspend McGhee for three days for a “vicious racial slur.”

On Tuesday, the group announced it was suing the Davidson County Board of Education on behalf of the teen.

BREAKING 🚨🚨🚨 We have filed a lawsuit against a North Carolina school board on behalf of Christian McGhee, a 16-year-old student whose question about the word “aliens” in class led to a harsh suspension & false accusations of racism by his own school.

We proudly stand beside… pic.twitter.com/GvCB5H0wlm

— Liberty Justice Center (@LJCenter) May 7, 2024

“Having been branded as a racist by his school, Christian’s return [to class] 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 said in its release announcing the lawsuit.

Buck Dougherty, an attorney with the firm, said that by suspending McGhee, the school board violated his rights to free speech and due process.

McGhee was not allowed to appeal the suspension.

“Even though Christian asked a factual, non-threatening question — about a word the class was discussing — the school board branded him with false accusations of racism,” Dougherty said.

He concluded, “The school has not only violated his constitutional right to free speech, but also his right to due process and his right to access education, a guaranteed right under North Carolina law. We are proud to stand beside Christian and his family in challenging this egregious violation of the First and Fourteenth Amendments.”

🚨BREAKING: @LJCenter filed a lawsuit against a North Carolina school board on behalf of Christian McGhee, a 16-year-old student. McGhee was suspended for three days after using the term “illegal alien” during an English assignment last month. The school accused him of racism and… pic.twitter.com/45K4PkOgRp

— Suhr Majesty ™ (@ULTRA_MAJESTY) May 7, 2024

Another attorney with the litigation firm said the lawsuit is about ensuring school districts understand that their rights to free speech apply when they are in class.

Dean McGee with the Liberty Justice Center said, “School officials have effectively fabricated a racial incident out of thin air and branded our client as a racist without even giving him an opportunity to appeal.”

Leah McGhee, the mother of the teen, also defended her son in the statement released by the group.

“I have raised our son to reject racism in all its forms, but it is the school, not Christian, that injected race into this incident,” Leah McGhee said. “It appears that this administration would rather destroy its own reputation and the reputation of my son rather than admit they made a mistake.”

The lawsuit is asking a court to recognize that the Davidson County Board of Education had no standing to suspend the teen.

The suit is also asking for Christian McGhee’s suspension to be removed from his academic record.