A 16-year-old student in North Carolina is taking his high school to federal court after being suspended for using the term “illegal aliens” during class—a punishment that has sparked national attention, media scrutiny, and First Amendment concerns.
Christian McGhee, a student at Central Davidson High School in Lexington, was hit with a three-day suspension in April after asking a simple clarifying question during an assignment: “Like space aliens or illegal aliens without green cards?” According to a federal lawsuit filed this week, McGhee’s question, which referenced a common legal term found in federal immigration law, led to accusations of racism and a disciplinary action now threatening his academic and athletic future.
The lawsuit, spearheaded by McGhee’s legal team, argues that the school’s actions were a direct violation of his constitutional right to free speech. The suit emphasizes that Christian’s comment was fact-based, non-threatening, and did not disrupt class in any meaningful way. Furthermore, it asserts that labeling the question “racially insensitive” was both legally unjustified and personally damaging.
BREAKING: Christian McGhee, the North Carolina teen who was suspended from school for using the term “illegal alien” in class, will receive $20,000 and a public apology from the Davidson County Board of Education (@dcsnc) after they falsely accused him of “racial bias.” https://t.co/J4AoRY1plt pic.twitter.com/Fb1PFiJpPU
— Libs of TikTok (@libsoftiktok) June 4, 2025
What followed was a cascade of institutional overreaction. A Hispanic student allegedly made a joke about retaliating physically against Christian—an issue that seems to have gone unpunished—while the administration zeroed in on Christian’s use of “illegal aliens,” a term still used by federal agencies and codified in U.S. law.
Christian’s mother, Leah McGhee, said the suspension has placed a black mark on her son’s academic record at a time when he’s hoping to secure a track scholarship and apply to college. “He is devastated,” she told reporters, adding that the family turned to legal counsel after administrators refused to remove the suspension from his file.
The story exploded online after it was picked up by the popular conservative account Libs of TikTok, and quickly received support from high-profile voices including Elon Musk and commentator Ian Miles Cheong. Musk called the punishment “absurd,” echoing the growing frustration many Americans feel toward an education system that seems increasingly guided by political sensitivities rather than fairness, common sense, or the Constitution.
The district, while declining to comment specifically due to privacy laws, claimed in a generic statement that all disciplinary actions are investigated and handled “appropriately.” But critics aren’t buying it. The term “illegal alien” is not a racial slur—it’s a legal designation. Punishing a student for using it doesn’t just stretch the meaning of “substantial disruption”—it shatters it.
This isn’t just about one student. This case highlights the broader erosion of free speech in America’s classrooms, especially when that speech doesn’t conform to the ideological narratives preferred by school officials. If protected language can now be reclassified as “abusive” or “obscene” on subjective whims, then what’s left of the First Amendment within school walls?
