Student Cleared After “Illegal Aliens” Comment Settlement Approved
After more than a year of legal battles, a federal court has approved a settlement in the case of C.M. v. Davidson County Board of Education, marking a significant victory for free speech and bringing closure to a high school student wrongly accused of racial bias.
On July 1, U.S. District Court Judge Thomas David Schroeder gave his stamp of approval to a proposed settlement that will finally clear the name of Christian McGhee, a former Central Davidson High School student. Christian was controversially suspended for three days and had his record marked with “racial bias” after using the phrase “illegal aliens” in a clarifying question during an English class in April 2024.
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The Liberty Justice Center, which filed the lawsuit on Christian’s behalf in May 2024, confirmed that the settlement, once formally adopted by the Davidson County Board of Education, will remove all false references to alleged racial bias from Christian’s school record.
Additionally, a joint statement will be issued by the parties, including an apology from the Davidson County Board of Education and an acknowledgment of an inappropriate response from a former board member that compounded the harm to Christian.
“The court’s approval represents a critical step towards finally vindicating Christian’s constitutional rights and clearing his record of false allegations,” stated Dean McGee, Senior Counsel and Director of Educational Freedom at the Liberty Justice Center.
Christian’s parents, Leah and Chad McGhee, expressed their gratitude: “We are grateful for the Liberty Justice Center’s tireless efforts to bring justice to our son, and to the members of the current school board who chose to work with us to help resolve the case. Together with the help of our community, we have proved that constitutional rights do not end at schoolhouse doors. We are celebrating this victory and hope it encourages other families to stand firm in the face of adversity.”
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This case garnered national attention, highlighting concerns about student free speech rights within school environments.
Christian’s suspension stemmed from a classroom discussion where he simply asked for clarification, inquiring whether a reference to “aliens” meant “space aliens or illegal aliens.”
School administration “misinterpreted” his question as racially motivated, leading to a suspension without a hearing or opportunity to appeal and a notation in his school records that threatened his future college opportunities.
The approved settlement, although filed under seal due to Christian being a minor, is a testament to the perseverance of Christian and his family. This outcome sends a clear message: free speech rights are paramount, even within the schoolhouse gates.
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