The Liberty Justice Center announced Tuesday it filed a lawsuit against the Davidson County Board of Education on behalf of a teenager who was suspended for using a legally correct term in a classroom discussion.
Christian McGhee, 16, was given a three-day suspension after he asked for clarification from his teacher over an assignment that used the word “alien,” wondering whether it was a reference to “space aliens or illegal aliens without green cards.”
While the question only resulted in a minor disruption to the class, the school determined his use of the term was tantamount to a racial slur.
Christian was also prohibited from competing in a season-defining track meet. No appeal was permitted.
Having been branded as a racist by his school, Christian’s return was met with ostracism, bullying, and threats. Concerned for his safety, his parents unenrolled him and he is now completing the semester through a homeschooling program.
The Liberty Justice Center is suing the school board on behalf of Christian and his family for violating his rights to free speech, education, and due process. The lawsuit argues that the school board had no legal justification to suspend Christian because his comment was protected speech under the First Amendment. The lawsuit also seeks to remove the suspension from Christian’s academic record. (Liberty Justice Center)
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“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. Fortunately, young people do not shed their First Amendment rights at school, and we look forward to vindicating Christian’s rights here,” said LJC's Educational Freedom Attorney Dean McGee.
In a statement, Christian's mother, Leah, said it was the school that "injected race into this incident," not her son.
“I have raised our son to reject racism in all its forms, but it is the school, not Christian, that injected race into this incident," she said. "It appears that this administration would rather destroy its own reputation and the reputation of my son rather than admit they made a mistake."
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