The ACLU of North Carolina and attorney Charles Johnson have filed a lawsuit against the Cleveland County Board of Education, alleging violations of the First Amendment and the Equal Access Act. The lawsuit was filed in the United States District Court for the Western District of North Carolina and challenges the Board’s decision to ban a student group from playing a quiz game that highlights LGBTQ+ individuals' contributions to society. The Board deemed the activity "indecent," while allowing other student groups, such as the Bible Club, to discuss their topics freely.

The lawsuit argues that the Board’s decision:

  • Unconstitutionally restricts free speech and freedom of association under the First Amendment.
  • Violates the Equal Access Act, which mandates that schools treat student groups equally regarding access to resources and opportunities.
  • Engages in viewpoint-based discrimination by prohibiting discussions on LGBTQ+ topics while allowing others to discuss their subjects without restriction.

The ACLU of NC asserts that recognizing LGBTQ+ historical and cultural figures does not constitute inappropriate or indecent content and that the school district is unlawfully silencing speech based on disagreement with its message.

Date filed

February 5, 2025

Court

U.S. District Court for the Western District of North Carolina - Asheville Division

Status

Filed

Case number

1:25-cv-00037