A federal judge has approved a settlement requiring a North Carolina school district to issue a formal apology, pay $20,000, and correct a student’s permanent record after he was suspended for using the term “illegal aliens” during a class discussion.
The settlement, finalized Tuesday by the U.S. District Court for the Middle District of North Carolina, resolves a lawsuit filed by the family of 16-year-old Christian McGhee against Davidson County Schools. The case centered on allegations that the district violated McGhee’s First Amendment rights and wrongly labeled his comment as racially insensitive.
Judge Thomas Schroeder, who approved the settlement, noted that the parties had initially sought to keep the agreement sealed but later withdrew that request, making the terms public.
THE INCIDENT AND ITS AFTERMATH
The controversy began in April of last year when McGhee, during an English class discussion, asked, “Do you mean space aliens or illegal aliens who need green cards?” School officials suspended him for three days and added a disciplinary note to his record for “racially insensitive behavior.”
McGhee’s case gained national attention, including from President Donald Trump, who sent the student a personal letter of recommendation to support his pursuit of an athletic scholarship, according to the Liberty Justice Center, which represented the family in court.
SETTLEMENT TERMS
Under the terms of the agreement, Davidson County Schools must:
- Issue a public apology to Christian McGhee.
- Remove all notations of “racially insensitive behavior” from his academic record.
- Acknowledge in writing that a “former member” of the district mishandled the situation.
The settlement, however, does not constitute an admission of wrongdoing by the district.
FREE SPEECH AND THE CLASSROOM
“The Supreme Court has long held that students do not shed their First Amendment rights at the schoolhouse gate,” said Sarah Parshall Perry, vice president and legal fellow at Defending Education. “The fact that it took a federal lawsuit to secure justice — including a $20,000 settlement and a formal apology — shows how far public education has drifted under the weight of identity politics.”
“Our hope is that Christian’s ordeal sends a message to school administrators everywhere: Respect free speech or face the consequences,” Perry added.
ALLEGED RETALIATION AGAINST FAMILY
The Liberty Justice Center also claims that after McGhee’s mother defended him at school board meetings, two board members attempted to discredit her by circulating her arrest record to local officials and encouraging residents to share it online.
NO COMMENT FROM DISTRICT
Davidson County Schools and its board did not respond to requests for comment from Fox News Digital.
The case adds to a growing national conversation around free speech in schools, as students, parents, and advocacy groups challenge what they describe as politically motivated censorship in public education.