FAIR Interviews Attorney of NC Student Suspended for Saying “Illegal Alien”; Family Files Lawsuit against School Board

FAIR Take | May 2024

The North Carolina student who was suspended for using the term “illegal alien” in class and being “racially insensitive” provided FAIR an update on his newly-filed lawsuit against the school. In the lawsuit, Christian McGee argues that his suspension was a violation of free speech and due process. His fight for justice is far from over.

As FAIR previously reported, Christian’s use of the term “illegal alien” when inquiring about a vocabulary assignment was deemed “racially insensitive” by school authorities, resulting in a three-day, out-of-school suspension from Central Davidson High School in Lexington, North Carolina. Due to his punishment, Christian missed out on a season-defining track meet. Additionally, being branded as “racist” by the school has tarnished Christian’s reputation and subjected him to such bullying that his mother, Leah, felt it was necessary to unenroll him from school and have him complete the school year online.

The lawsuit, filed on May 7 with the assistance of the Liberty Justice Center, alleges the school board violated Christian’s constitutional rights to free speech and due process, as well as his right to access education. The complaint asks the Court to order that Christian’s suspension be reversed, his record expunged, and his absences erased. It also requests monetary damages.

In an interview with FAIR, Dean McGee, Christian’s lead attorney (no relation to the family), stated that when Christian returned to Central High after his suspension, he was subjected to poor treatment by school officials as well as harassment and bullying by other students.

According to Dean, “To varying degrees, certainly, any students who weren’t in class, who took the school’s word for it, think he’s been suspended for racism. He’s been messaged on social media, essentially threatened, harassed, on social media. His mom has been, as well. And his Coach, who he’s always liked, heard about the suspension, and wouldn’t let him participate in the biggest track meet of the year. The school’s actions and accusations have had consequences.”

Christian, his family, and their legal team are not alone in their outrage over the school’s penalty. The Davidson County School Board held an open forum on Monday, and while the agenda did not reference Christian’s situation specifically, a crowd of people gathered in support of the McGhee family. Even though the forum was civil, there were moments of heightened tension.

In one instance, a parent expressed concern over Christian’s defamation and how it could just as well happen to any child. Another parent, whose wife had recently become a U.S. citizen, emphasized how “illegal alien” is a federally recognized term. A local pastor from the community also expressed his frustration during the forum saying, “He has rights, just as we all do. A right to ask a simple question, yet this family has reached out to [the school board] numerous times, only to be ignored.”

Christian’s mom, Leah, recounted sending two emails, one addressed to Davidson County School Board Chairman Allen Beck and the other to school board member Nicholas Jarvis, but received no response for either. Instead of addressing the concerns Leah raised regarding her son, Chairman Beck and another school board member, Ashley Carol, in an effort to cast aspersions against her character, sent Leah’s arrest record from 14 years ago to county leaders and residents.

When asked why he believes the school and the school board have refused to reverse course on the suspension, Christian’s attorney speculated, “…pride, stubbornness, an unwillingness to admit they overreacted, that they got this wrong. That they branded something as ‘racist’ that, on its face, is racially neutral, and they’re doubling down because they’re embarrassed.”

Christian’s fight has just begun. His team of lawyers have moved quickly, and fully intend to take this matter to trial. In the meantime, they have begun working on temporary measures to clear their client’s name as he begins applying for college. “We need to move aggressively, swiftly, to take every action we can to preserve his rights and clear his name,” his lead attorney told FAIR.