Cleveland County School Board Settles in Student First Amendment Case

ASHEVILLE – The ACLU of North Carolina and Charles Johnson of Robinson, Bradshaw & Hinson, PA, have agreed to a settlement in M.K. v. Fisher, a lawsuit filed in February 2025, alleging that the Cleveland County Board of Education violated students’ rights under the First Amendment and the Equal Access Act.

The Board previously prohibited a student group from playing a text-only quiz game highlighting LGBTQ+ people who have made significant contributions to American society, deeming the activity “indecent.” Under the terms of the settlement, the student group will be allowed to play the game with students who return a parent permission slip.

The settlement also requires the Board to publish a statement affirming students’ First Amendment rights and apologizing for having previously denied the Plaintiff’s requests. Specifically, the Board recognized “that student speech plays an essential role in fostering a vibrant, respectful, and inclusive educational environment,” and apologized for “the delay in allowing this student to exercise her constitutional rights.”

“We are glad to have achieved such a positive outcome for the Plaintiff and all students at Shelby High School, who can now exercise their First Amendment rights without fear of censorship,” said Ivy Johnson, staff attorney for the ACLU of North Carolina. “While LGBTQ+ students are being targeted by politicians and facing discriminatory policies, M.K. made an effort to uplift and celebrate the contributions of LGBTQ+ people to our society. This settlement is a victory for free speech at a time when student speech in particular has been under attack.”

You can view the full statement from the Cleveland County Board of Education. Additional information on the lawsuit, including our initial demand letter and complaint, can be found here.

###