A North Carolina high school is facing a federal lawsuit after a student who painted a tribute to conservative activist Charlie Kirk on the school's "spirit rock" was later accused of vandalism, removed from class, and told that law enforcement had been contacted. The case, brought by Alliance Defending Freedom, accuses Charlotte-Mecklenburg Schools of violating the student's First, Fourth, Fifth and Fourteenth Amendment rights, escalating a local dispute into a broader test of viewpoint discrimination in public schools.
According to the complaint, the Ardrey Kell High School junior received verbal approval from front-office staff to paint the spirit rock so long as the message avoided vulgarity and political content. She and two friends painted a heart, an American flag, the words "Freedom 1776," and a tribute reading: Live Like Kirk-John 11:25, adding only their first names.
Within hours, the school covered the painting. On Sept. 14, Principal Jamie Brooks emailed families declaring the artwork "an unauthorised message," calling it "vandalism" and a breach of the student code of conduct. The message added that law enforcement had been contacted and an investigation was underway. The student immediately confirmed to administrators that she had painted the rock with permission.
The next school day, she was escorted from class and taken to the principal's office, where she was questioned and instructed to write a statement. The complaint alleges she was told to revise the statement after omitting the Bible verse "in her emotional state." Administrators allegedly demanded access to her cell phone without informing her of any rights or offering legal counsel.
The lawsuit describes significant emotional and social fallout. For roughly six weeks, the student reportedly faced online mockery, with peers joking about jail time and calling her and her friends "racist thugs." Others allegedly sent threats such as "Die like Kirk," leaving her feeling alienated and causing health issues, according to the filing.
Amid public controversy, the district issued a new "Spirit Rock Speech Code" restricting political and religious messages. The policy requires all future rock paintings to reflect "positive school spirit," "inclusive values," and remain in "good taste."
One month after the initial incident, on Oct. 11, the district distributed a clarifying internal message to families, stating the rock painting was "not an act of vandalism," "not a violation of the student code of conduct," and declaring that "law enforcement was not contacted to conduct an investigation." That same day, the principal informed the student's mother the matter was closed and no discipline would be imposed.
But the lawsuit disputes the district's account, alleging administrators did involve law enforcement and failed to acknowledge that the student had been compelled to write a statement without being informed of her rights. Her parents also argue that the district has refused repeated requests to publicly clear their daughter's name, leaving the original assertions uncorrected in the public sphere.
The complaint seeks a court order requiring the district to publicly recognize the rights violations; remove all negative references from the student's record; and issue a formal apology. It also asks the court to strike down the new speech policy, arguing that it enables unconstitutional viewpoint discrimination. The family is requesting nominal and compensatory damages, attorneys' fees, and any additional relief the court determines appropriate.
