A family is challenging a Missouri school district’s decision following an incident involving their 13-year-old son, resulting in a suspension and a permanent notation on his student record. The father, Riley Grunden, initiated legal action against the Mountain View-Birch Tree R-III School District, alleging violations of his child’s First Amendment rights.
The core of the dispute centers around a photograph posted by W.G. – identified as “W.G.” in court documents – on Snapchat depicting a creative arrangement of Dr. Pepper cans designed to resemble an assault rifle. The accompanying audio, described as having a musical beat and voiceover commentary identifying the creation as an “AK47” with over 50 million units manufactured globally, further fueled concerns.
Despite posting the image off-school grounds, W.G.’s belongings were subjected to a search on September 16th, 2024, and he was subsequently suspended for three days. Subsequently, according to the lawsuit, he met with school officials – including the superintendent and principal – but the district allegedly added a permanent notation to his school record labeling him as having engaged in “cyberbullying.”
The Mountain View-Birch Tree R-III School District responded through Lanna Tharp, Superintendent, stating that legal counsel is currently reviewing the situation. Due to privacy concerns surrounding student matters, she could only confirm the district’s intention to defend against the allegations.
“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,” Tharp reportedly stated in a communication with Fox News Digital.
However, the Goldwater Institute, representing W.G., argues that the district’s response overstepped boundaries established by legal precedent, specifically citing the 2021 Supreme Court case, *Mahanoy Area School District v. B.L.*, which limits schools’ authority to regulate off-campus speech. The institute emphasizes Missouri’s Constitution, Article I, Section 8, guaranteeing freedom of expression and asserting that creative endeavors like the soda can artwork are protected under this provision.
“What happened to his First Amendment rights?” Grunden expressed in a statement released by Goldwater Institute. “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.”
The lawsuit seeks to rectify the situation by clearing W.G.’s record and preventing further disciplinary action regarding the Dr. Pepper can image. It also requests a judicial declaration that the school district’s actions were unconstitutional, asserting a fundamental protection of creative expression.