A 16-year-old boy has kicked off a free speech debate—one that’s already attracting spectators beyond his North Carolina county—after he was suspended for allegedly “making a racially insensitive remark that caused a class disturbance.”
The racially insensitive remark: referring to undocumented immigrants as “illegal aliens.” Invoking that term would produce the beginning of a legal odyssey, still in its nascent stages, in the form of a federal lawsuit arguing that Central Davidson High School Assistant Principal Eric Anderson violated Christian McGhee’s free speech rights for temporarily barring him from class over a dispute about offensive language.
What constitutes offensive speech, of course, depends on who is evaluating. During an April English lesson, McGhee says he sought clarification on a vocabulary word: aliens. “Like space aliens,” he asked, “or illegal aliens without green cards?” In response, a Hispanic student—another minor whom the lawsuit references under the pseudonym “R.”—reportedly joked that he would “kick [McGhee’s] ass.”
The exchange prompted a meeting with Anderson, the assistant principal. “Mr. Anderson would later recall telling [McGhee] that it would have been more ‘respectful’ for [McGhee] to phrase his question by referring to ‘those people’ who ‘need a green card,'” McGhee’s complaint notes. “[McGhee] and R. have a good relationship. R. confided in [McGhee] that he was not ‘crying’ in his meeting with Anderson”—the principal allegedly claimed R. was indeed in tears over the exchange—”nor was he ‘upset’ or ‘offended’ by [McGhee’s] question. R. said, ‘If anyone is racist, it is [Mr. Anderson] since he asked me why my Spanish grade is so low’—an apparent reference to R.’s ethnicity.”
McGhee’s peer received a short in-school suspension, while McGhee was barred from campus for three days. He was not permitted an appeal, per the school district’s policy, which forecloses that avenue if a suspension is less than 10 days. And while a three-day suspension probably doesn’t sound like it would induce the sky to fall, McGhee’s suit notes that he hopes to secure an athletic scholarship for college, which may now be in jeopardy.
So the question of the hour: If the facts are as McGhee construed them, did Anderson violate the 16-year-old’s First Amendment rights? In terms of case law, the answer is a little more nebulous than you might expect. But it still seems that vindication is a likely outcome (and, at least in my opinion, rightfully so).
Hellbound and Down 
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