On behalf of the family of a North Carolina high school student whose use of the word "illegal alien" in English class led to his suspension, the Liberty Justice Center has sued Davidson County Schools.
A two-day suspension and racist accusations were levied against Christian McGhee, a sophomore at Lexington's Central Davidson High School, last month. McGhee had inquired as to whether the term "alien" used in a vocabulary lesson referred to "space aliens or illegal aliens." The 74-page complaint asserts that the school's decision to expel Christian from school was unjustified and violated his First Amendment rights.
"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," said Dean McGee, an educational freedom attorney with the Liberty Justice Center who is unrelated to the McGhees. "Thankfully, students do not give up their First Amendment rights when they are in school, and we are excited to defend Christian's rights here."
A nonprofit, nonpartisan legal organization, the Liberty Justice Center fights for economic freedom, property rights, free expression, and other basic liberties.
As part of Monday night's public testimony session, Christian McGhee, the boy's mother, spoke before the school board.
Ms. McGhee assured the board that there was no racism in the statement that aliens require green cards, and that the term "alien" does not refer to a specific race. With fewer than ten days to go, I will not be able to challenge this punishment. When a top-tier penalty is required for racism, a three-day suspension without appeal is just enough.
She continued by saying that she had emailed the board for assistance, but that they had done nothing to alleviate the issue. On the contrary, she claimed that the board intentionally spread rumors about her history in order to hurt her even more.
It was the school, not Christian, that brought racial intolerance into this situation, even though I have taught our kid to oppose racism in all its manifestations. The administration seems to prefer damaging its own and my son's reputations to admitting they were wrong, according to Ms. McGhee's comments.
According to Ms. McGhee, who addressed the board members and meeting participants, she was convicted of possessing pain medicine fourteen years ago, received a six-year prison term, was released early, and became an effective member of society again. Additionally, she has shared her experience at over 30 speaking engagements in order to assist those dealing with addiction.
After serving his punishment, Christian went back to class, only to be "met with ostracism, bullying, and threats."
According to a news statement from the Liberty Justice Center, "his parents unenrolled him and he is now completing the semester through a homeschooling program" because they were anxious about his safety.
School officials infringed upon the student's due process and educational rights, according to Liberty Justice Center attorney Buck Dougherty.
The school board falsely accused Christian of racism, despite his factual and non-threatening inquiry on a term the class was debating, according to Mr. Dougherty's statement. "The school has infringed upon his constitutionally protected right to free speech, as well as his rights to due process and access to education, which are guaranteed under North Carolina law," the student wrote. In their fight against this flagrant disregard for the rights guaranteed by the Constitution, we are pleased to support Christian and his family.
Claiming an unknown sum in damages, the lawsuit wants to clean Christian's school record.
A two-day suspension and racist accusations were levied against Christian McGhee, a sophomore at Lexington's Central Davidson High School, last month. McGhee had inquired as to whether the term "alien" used in a vocabulary lesson referred to "space aliens or illegal aliens." The 74-page complaint asserts that the school's decision to expel Christian from school was unjustified and violated his First Amendment rights.
"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," said Dean McGee, an educational freedom attorney with the Liberty Justice Center who is unrelated to the McGhees. "Thankfully, students do not give up their First Amendment rights when they are in school, and we are excited to defend Christian's rights here."
A nonprofit, nonpartisan legal organization, the Liberty Justice Center fights for economic freedom, property rights, free expression, and other basic liberties.
As part of Monday night's public testimony session, Christian McGhee, the boy's mother, spoke before the school board.
Ms. McGhee assured the board that there was no racism in the statement that aliens require green cards, and that the term "alien" does not refer to a specific race. With fewer than ten days to go, I will not be able to challenge this punishment. When a top-tier penalty is required for racism, a three-day suspension without appeal is just enough.
She continued by saying that she had emailed the board for assistance, but that they had done nothing to alleviate the issue. On the contrary, she claimed that the board intentionally spread rumors about her history in order to hurt her even more.
It was the school, not Christian, that brought racial intolerance into this situation, even though I have taught our kid to oppose racism in all its manifestations. The administration seems to prefer damaging its own and my son's reputations to admitting they were wrong, according to Ms. McGhee's comments.
According to Ms. McGhee, who addressed the board members and meeting participants, she was convicted of possessing pain medicine fourteen years ago, received a six-year prison term, was released early, and became an effective member of society again. Additionally, she has shared her experience at over 30 speaking engagements in order to assist those dealing with addiction.
After serving his punishment, Christian went back to class, only to be "met with ostracism, bullying, and threats."
According to a news statement from the Liberty Justice Center, "his parents unenrolled him and he is now completing the semester through a homeschooling program" because they were anxious about his safety.
School officials infringed upon the student's due process and educational rights, according to Liberty Justice Center attorney Buck Dougherty.
The school board falsely accused Christian of racism, despite his factual and non-threatening inquiry on a term the class was debating, according to Mr. Dougherty's statement. "The school has infringed upon his constitutionally protected right to free speech, as well as his rights to due process and access to education, which are guaranteed under North Carolina law," the student wrote. In their fight against this flagrant disregard for the rights guaranteed by the Constitution, we are pleased to support Christian and his family.
Claiming an unknown sum in damages, the lawsuit wants to clean Christian's school record.
