MOUNTAIN VIEW, MO - A mother has launched a lawsuit against a Missouri school for suspending her 13-year-old son after he arranged cans of Dr. Pepper in the shape of a rifle and posted a photo of the creation on Snapchat.
According to Fox News, a statement released by Goldwater Institute, who is representing the 13-year-old, said that the mother, Riley Grunden, said, "This is unconscionable. My son never hurt or threatened a single person." The mother added, "Instead of using common sense, our own school district treated my child like a criminal for arranging empty soda cans in a way they didn't like. What happened to his First Amendment rights?"
In the suit, the 13-year-old is being identified as W.G. The teenage boy posted a photo of the Dr. Pepper cans on Snapchat with audio titled, "Ak47," which had a musical beat with a voiceover saying, "This is the famous AK47, with over 50 million manufactured in 10 countries, the AK47 is the most popular assault rifle in the world."
After the post, which was made off of school grounds, W.G.'s belongings were searched on September 16, 2024, and he was subsequently suspended by the Mountain View-Birch Tree R-III School District for three days. The day after this, September 17, 2024, Grunden met with the superintendent and principal.
The school also allegedly made a permanent note on his school record that he had taken part in "cyberbullying." Lanna Tharp, Mountain View-Birch Tree R-III School District Superintendent said in a statement, "The School District is aware of the lawsuit that was recently filed. Unfortunately, because the lawsuit involves a student, we are significantly limited in what we are legally permitted to share publicly. For now, we can only say taht we have legal counsel, who will present our side of the story and defend against these allegations."
The Goldwater Institute filed a lawsuit on W.G.'s behalf on April 10th, alleging that the Mountain View-Birch Tree R-III School District and school officials misinterpreted the teenager's post "in order to justify punishing him for creative expression protected by the First Amendment."
The Goldwater Insititute said that because of the U.S. Supreme Court's 2021 decision in Mahanoy Area School District v. B.L., schools now have a narrow amount of power to control speech that is made off-campus.
The Institute also highlighted the Missouri's Constitution's protections for free speech in Article 1, Section 8, which gives a Missourian the right to "communicate whatever he will on any subject," which the Institute says makes "clear that creative expression like this soda can art project falls squarely within protected activity."
Tharp allegedly said, "We have enough information to believe the video has caused fear to at least one student and understandably so. The safety and well-being of our students is our top priority, and we responded swiftly to address the concerns."
However, Tharp also allegedly said, "We want to inform you that we have become aware of a rumor circulating on social media regarding a potential threat. Following a thorough investigation, we have found no credible evidence of any danger."
The aim of the lawsuit against the school district is to clear W.G.'s record and prevent the school from taking further action against the student in regard to the Dr. Pepper cans photo. It also asks the court to declare the school district's actions unconstitutional.
Dave Roland, director of litigation and co-founder of the Freedom Center of Missouri, said that Goldwater Institute is "pursuing this case to turn the tide against a troubling national wave of schools overreaching their proper authority when it comes to policing and punishing off-campus student expression."
Roland added, "From students suspended for posting memes to punishments for fictional creative writing, schools are increasingly treating ordinary adolescent communication as grounds for disciplinary action. The consequences extend far beyond individual cases. Each unjust punishment sends a message to all students that their constitutional rights disappear the moment they long onto social media."
