A Missouri middle school student crafted an art piece using Dr. Pepper cans arranged to resemble a rifle, only to find himself suspended for three days after posting it on Snapchat. The 13-year-old’s family is now fighting back with a lawsuit that challenges the school’s overreach into off-campus speech and private social media activity. What is wrong with schools today?
At a glance:
• A 13-year-old Missouri boy was suspended for posting a photo of Dr. Pepper cans arranged like an AK-47 on his private Snapchat
• The Mountain View-Birch Tree School District labeled the post as “cyberbullying” despite it being created at home during non-school hours
• The student’s mother, Riley Grunden, filed a lawsuit claiming violations of her son’s First and 14th Amendment rights
• School officials claimed the post “caused fear” in at least one student, despite finding no credible threat
• The lawsuit seeks to have the suspension expunged from the student’s record and prevent similar future actions by the school
Mother Fights Back Against School’s Overreach
Riley Grunden is taking a stand against what she sees as an unconstitutional punishment of her 13-year-old son, referred to as W.G. in court documents. The Missouri mom filed a lawsuit in Howell County Circuit Court on April 10 against the Mountain View-Birch Tree School District after her son was suspended for posting a photo of Dr. Pepper cans arranged to look like a rifle.
A Missouri teen was suspended from school for making this fake rifle out of Dr. Pepper cans.
But here’s the thing—he didn’t make it at school. He made it at home, took a photo with his own device, and posted it on his personal social media.
School officials said that social… pic.twitter.com/f6RExMGChG
— reason (@reason) April 27, 2025
The young student created the “can art” project at home and shared it on his private Snapchat account, accompanied by a soundtrack titled “AK-47” and a voiceover describing the weapon. School officials received a report about the post from a parent and promptly suspended the boy for three days, labeling the incident as “cyberbullying” on his permanent record.
“This is unconscionable — my son never hurt or threatened a single person,” Grunden stated in response to the suspension. “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.”
Since when are kids not allowed to learn or know about guns? In America?
Constitutional Rights at Stake
The lawsuit argues that the school violated the boy’s First Amendment rights by punishing him for expression that occurred off campus and outside school hours. The legal action also cites a violation of the 14th Amendment’s due process clause, claiming the school failed to clearly define unacceptable off-campus behavior.
Missouri boy, 13, suspended by school over his Dr. Pepper ‘artwork’… can you see why? https://t.co/VRkhcYGOjf
— Daily Mail Online (@MailOnline) April 23, 2025
Grunden’s legal team points to a 2021 U.S. Supreme Court decision that significantly limits schools’ authority to regulate student speech that occurs outside of school grounds or activities. The lawsuit specifically references that “The First Amendment does not permit the Defendants to punish W.G. where Snap itself shows that there is no suggestion that W.G. was aware the Snap could be regarded as him making a threat against anyone.”
The concerned mother has emphasized that her children have no access to actual firearms, stating, “I get there is a lot of concern with all the school shootings in this world. However, my children have no access to our guns or weapons. They are in our locked safe that only I have the code to. Parents concerned [sic] that he’s going to bring a ‘gun’ made out of soda cans is absolutely absurd.”
School Claims Safety Concerns
School officials have defended their actions by citing student safety as their primary concern. Principal Lana Tharp stated, “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.”
The Mountain View-Birch Tree School District acknowledged the lawsuit but declined to share details about the case.
Grunden remains concerned about the long-term implications of the suspension on her son’s record. The lawsuit seeks a declaratory judgment to deem the suspension unconstitutional, removal of the disciplinary action from the student’s record, and injunctive relief to prevent the district from taking similar actions in the future.
Not only is this a freedom of speech issue…but how will this impact the poor child wrongly accused of doing something dangerous?
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Author: Editorial Team
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