A 13-year-old Missouri boy was suspended from school after he posted a picture of Dr. Pepper cans in the shape of a rifle on Snapchat.
The teenager, identified only as W.G., posted his ‘can art’ image to his personal account on September 14. Just two days later, his belongings were searched, and he was suspended from Liberty Middle School for three days. School authorities deemed the post ‘threatening’ and an act of ‘cyberbullying’.
The teenager’s mother, Riley Grunden, feeling frustrated by the situation, is suing the district. She claims the school treated her child like ‘a criminal,’ emphasizing that he ‘never hurt or threatened a single person’ with his post. According to the lawsuit, filed by Goldwater Institute’s American Freedom Network, the post was inspired by what the teenager had seen others do as well.
The image was shared on the teen’s personal account, off school grounds, and was accompanied by the song ‘Ak47’ playing in the background. The lyrics stated: ‘This is the famous AK47, with over 50 million manufactured in ten countries, the AK47 is the most popular assault rifle in the world.’ The lawsuit, filed on April 10, provided these details.
The glued soda cans were displayed on the floor, as ‘W.G. was not holding the can art in his arms nor was he displaying it in any manner that suggested the can art could potentially be used to endanger any person,’ the legal document stated.
Additionally, the photo did not contain any ‘threatening language or anything that would suggest harm to anyone or anything,’ it continued.
Despite this, school officials told Grunden that her son had to turn himself in and report to the district’s central office following concerns about the post.
The school posted a series of lengthy statements online regarding the boy’s antics at the time.
A 13-year-old Missouri boy was suspended from school after he posted a picture of Dr. Pepper cans in the shape of a rifle to his Snapchat in September
Now, his frustrated mother Riley Grunden is suing the district for treating her child like ‘a criminal’ as he ‘never hurt or threatened a single person’ in his post that he saw ‘others do as well.’ (Pictured: The mother and son)
‘We have enough information to believe the video had caused fear to at least one student, and understandably so,’ Lanna Tharp, the superintendent of Mountain View-Birch Tree R-III School District, 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.
‘Some social media posts can cause stress on our students, families, and staff. Social media can also disrupt the learning environment,’ the statement read.
The school went on to plead for parents to underline the gravity of the incident.
‘We ask that you talk to your child about the seriousness of making a threat or posting anything of a threatening nature (images of weapons, violent song lyrics, violent videos, etc.).
‘Please help us emphasize to all students that making a threat against a public school or any student, has serious legal and disciplinary consequences.
‘Posts of this nature are not funny or entertaining and will not be considered a joke or form of entertainment.
‘Even posts that are made outside of school time, impacting the education of our students or causing fear to our students, will be investigated.’
Two days after his post, the student’s belongings were searched and he was suspended from Liberty Middle School (pictured) for three days after they deemed it to be ‘threatening’ and an act of ‘cyberbullying’
The school posted a series of lengthy statements online regarding the boy’s antics at the time
Although the incident took place months ago, Grunden is determined to fight the district for disregarding her child’s first amendment rights, she said.
‘This is unconscionable—my son never hurt or threatened a single person. 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,’ she said. ‘What happened to his First Amendment rights?’
The lawsuit claims that the school district misinterpreted the teen’s post ‘in order to justify punishing him for creative expression protected by the First Amendment.’
The Goldwater Institute, a ‘preeminent liberty organization scoring real wins for freedom,’ maintains that schools across the county have limited amount of power or control over speech, including posts, that are made off campus – citing the U.S. Supreme Court’s 2021 decision in Mahanoy Area School District v. B.L.
That case centered around a student, Brandi Levy, who shared an angry and profane message to social media after she didn’t make her school’s cheerleading team.
Although the message was sent in a private chat to specific friends, when school officials got their eyes on it, they decided to suspend the girl from cheerleading for one year – sparking rage across the community and country.
After Levy and her parents sued the school district, the Supreme Court ruled that schools cannot punish students for speech made off-campus – including social media posts.
In the new lawsuit, Grunden explained her confusion surrounding the consequences her son faced, despite seeing and hearing of staff members and other students sharing images with firearms that were not considered ‘threats’ by the district.
‘Riley Grunden explained that she had witnessed school officials and others post pictures of actual firearms (held by adults and school-age children),’ the filing stated.
Since his suspension, W.G. (pictured) has suffered injuries that ‘are ongoing,’ including the fact that his dismissal from school will remain on his permanent record,’ the lawsuit said
The mother also said she knew of a student who brought an air-soft gun – which shoots out plastic pellets – ‘into a school building and parents not being notified.’
Grunden took to Facebook around the time her son got in trouble for his post and said she received a call about a third grader who brought a gun in his backpack into her daughter’s classroom, but she was not made aware of it.
‘I didn’t even get a call about them questioning my daughter about it. But ol boy my son post a gun made out of soda cans and let’s pat him down to make sure he doesn’t have any weapons. This school is absolutely ridiculous,’ she added.
Since his suspension, W.G. has suffered injuries that ‘are ongoing,’ including the fact that his dismissal from school will remain on his permanent record,’ the lawsuit said.
Because of this, ‘it may impair his ability to gain admission to top colleges and universities because schools assess applicants’ academic and disciplinary records.’
In response to the lawsuit, Tharp (pictured) told DailyMail.com: ‘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.
He has also experienced ‘the loss of friendships and the circulation of false rumors that W.G. threatened violence against the School,’ it added.
The teen is currently in counseling following the incident as he has experienced ‘heightened anxiety that is interfering with his ability to learn,’ the document said.
The lawsuit has asked the court to find the disciplinary measures taken against the teen ‘unconstitutional’ and ‘invalid,’ to prohibit the school district from doing this to any other students in the future, and to pay their attorney fees for an undisclosed amount.
In response to the lawsuit, Tharp told DailyMail.com: ‘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 that we have legal counsel, who will present our side of the story and defend against these allegations.’
