Last month, during an English class discussion at Central Davidson High School, 16-year-old Christian McGhee wanted clarification over the word “aliens” while students were involved in a vocabulary lesson. He raised his hand and asked the teacher whether the term “aliens” referred to “space aliens or illegal aliens who need green cards.” School officials said McGhee’s question was “racially insensitive” and a “racially motivated comment which disrupts class,” according to the lawsuit. The school punished McGhee with three days of out-of-school suspension, which even administrators described as “harsh,” the suit states. “But the School had no legal justification for harshly punishing [McGhee],” the lawsuit says. “Aside from the obvious fact that his words had nothing to do with race, his speech was protected under the First Amendment: he asked his teacher a question that was factual and nonthreatening, and officials could not have reasonably forecast that his question would cause substantial School disruption. Nor did his question actually cause substantial school disruption.” The school engaged in “viewpoint discrimination” based on its subjective view that the racially neutral phrase “illegal aliens” was indicative of racial discrimination, according to the lawsuit. Underscoring the viewpoint discrimination allegation is the school’s decision not to punish another student who threatened physical violence against McGhee, “a comment that, on its face, is far more disruptive to the learning environment.” McGhee’s mother said during a recent interview that she is concerned the suspension could negatively impact her son when he begins applying to colleges next year. “This label that was so unfairly placed on his record is going to hinder him,” she told NewsNation. She said that since his return to school, her son has faced ostracization, bullying, and threats. School officials refused to hold a meeting to discuss the incident. McGhee has since been dis-enrolled and is now completing the semester through home schooling. “If they are punishing him in the hope of looking progressive, they’ve failed miserably,” his mother said.A North Carolina student has filed a lawsuit against his school, which suspended him after he used the term “illegal alien” during class.
