North Carolina Supreme Court Considers Case on Private School Expulsions

The North Carolina Supreme Court is currently deliberating a significant case involving the rights of private schools to expel students based on their parents' behavior. This case, brought forth by Doug and Nicole Turpin, centers on their children being expelled from Charlotte Latin School amid disputes over COVID-19 mask mandates and the school's stance on the Black Lives Matter movement. The Turpins allege that the school engaged in "cancel culture" against their beliefs, leading to claims of libel, slander, and violations of the state's Unfair and Deceptive Trade Practices Act.

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The Turpins initially lost their case in Mecklenburg County Superior Court, where a judge ruled that their claims lacked sufficient legal grounding. They subsequently appealed this decision, only to face another defeat at the state Court of Appeals. Now, they are seeking a reversal from the North Carolina Supreme Court, which holds a Republican majority. A ruling in favor of the Turpins could set a precedent that allows parents to sue private schools for expelling their children based on parental actions, potentially reshaping the landscape of private education in the state.

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The case has attracted attention from various stakeholders. The Turpins, associated with the Coalition for Liberty, advocate for what they term "woke-free education." They have garnered support from Republican members of Congress, including Tim Moore, Pat Harrigan, and Richard Hudson, as well as conservative groups like Moms For Liberty. Conversely, Charlotte Latin School is supported by local branches of the Catholic Church and the Association of Independent Schools, which argue that private institutions must retain the authority to manage their student bodies without the threat of litigation.

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Critics of the Turpins' case, including Charlotte Latin's legal representatives, warn that allowing such lawsuits could create a "tort minefield" for private schools and other businesses. They argue that it would undermine the ability of private institutions to enforce their rules and maintain the quality of education that parents expect. The school's attorney, Jennifer Van Zant, cautioned that a ruling in favor of the Turpins could lead to a homogenization of private education, stripping schools of their unique identities.

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During the oral arguments, Turpin attorney Chris Edwards emphasized the importance of community perception in determining reputational harm, stating, “that's something that the conscience of the community — the jury — needs to figure out.” In contrast, Van Zant argued that the repercussions of allowing the case to proceed would be detrimental, asserting that “if a private school cannot exercise its contractual right in the relationship without fear of tort liability, the private schools would turn into vanilla, one-size-fits-all experiences.”

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The North Carolina Supreme Court is expected to issue a ruling within several months, which could have far-reaching implications not only for private education in North Carolina but also for the broader business community. The outcome may influence how schools and other private entities navigate relationships with parents and customers, particularly in politically charged environments.

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