A North Carolina family is suing the local school board after their son was suspended for using the term "illegal alien" in class. The family's attorney argues that the suspension was a violation of the student's First Amendment rights and that the school created a hostile learning environment.
In April, 16-year-old Christian McGhee was suspended for three days after asking a teacher whether her reference to the word "aliens" referred to "space aliens, or illegal aliens who need green cards." After a student allegedly threatened to "kick his a—" for using the term, Christian was referred to the assistant principal who concluded it was a "racially motivated comment which disrupts class."
In response, the Liberty Justice Center, where Christian's father, Dean McGee, works as the Education Freedom Attorney, announced a lawsuit against the Davidson County Board of Education on behalf of the family.
Speaking to Fox News Digital, McGee described the school as effectively attributing racism when it wasn’t there.
"It's the assistant principal, the administrator, who elevated this to a racial incident where one did not exist. The boy who responded to our client said, ‘hold on, I wasn't really offended. This isn't a big deal.’ And the words of the assistant principal, these are his own words, explained what he said to our client's mother, ‘No, sir. Those words are a big deal,’" McGee said.
"In other words, the assistant principal was telling this boy, well, you might not be offended, but you should be offended," he added.
McGee also recalled that Leah McGhee, Christian’s mother, had suggested a mediation session between the two families and the faculty to discuss the situation rather than dole out punishment.
"And the assistant principal said no. Harsh punishment. Three days out of school suspension. That was his solution. Not empathy, not understanding, just punishing this child and branding him racist on his permanent record," McGee said. "But the ironic result is a total lack of empathy toward either student, total lack of healing, lack of a learning opportunity, and just meeting out punishment, stigmatizing, branding a 16-year-old boy in a way that could harm his future if it's not fixed."
Although the McGhee family has faced backlash and threats on the assumption that Christian said something racist, McGee noted that there has also been overwhelming support for the family.
The McGhee family is seeking a public apology from the school board on the matter and demanding that the suspension be removed from Christian’s record. In the event the district court does not rule in their favor, they are prepared to appeal.
Public opinion also appeared to take the McGhee family’s side at the Davidson County Board of Education meeting Monday night. All but two speakers voiced their support for Christian McGhee and attacked the school board for failing to address his suspension.
McGee took issue with the fact that it was the school, not the students, who saw something wrong with the term "illegal alien."
"Our organization has appealed in the past and won a case at the Supreme Court. We would be willing to do that here if it's necessary. We're in it for the long haul for this family," McGee said.
Fox News Digital reached out to the Davidson County Board of Education members for a comment.
