Missouri Mother Files Lawsuit After School Suspends Son Over Soda Can Art

A Missouri mother has taken legal action against a school after her 13-year-old son was suspended for creating a rifle shape using Dr. Pepper cans and sharing a photograph of it on Snapchat. This incident has ignited a debate over creative expression and the boundaries of school authority.

Riley Grunden, the mother of the student, referred to as W.G., expressed her disbelief at the school’s response, stating, “This is unconscionable—my son never hurt or threatened a single person.” The Goldwater Institute, a legal organization representing W.G., outlined the mother’s grievances regarding the incident.

Grunden further criticized the school’s judgment, stating, “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?” The case raises significant questions about student rights and the limits of school discipline.

The Incident Unfolds

W.G. posted a video on Snapchat featuring the Dr. Pepper cans set against an audio backdrop labeled “Ak47.” This audio included a voiceover discussing the AK47 assault rifle, stating, “This is the famous AK47, with over 50 million manufactured in ten countries, the AK47 is the most popular assault rifle in the world.” Following this post, which occurred off school grounds, the circumstances quickly escalated.

On September 16, 2024, school officials conducted a search of W.G.’s belongings and issued a three-day suspension from the Mountain View-Birch Tree R-III School District. Grunden met with school authorities, including the principal and superintendent, a day following the incident.

Allegations of Cyberbullying

The school reportedly recorded a permanent notation on W.G.’s academic record, labeling him as having engaged in “cyberbullying.” This classification raises concerns about children’s rights to free expression in educational environments.

Lanna Tharp, the superintendent of the Mountain View-Birch Tree R-III School District, confirmed knowledge of the lawsuit. However, she noted constraints on their ability to publicly discuss the specifics of the case due to its nature involving a student. “For now, we can only say that we have legal counsel, who will present our side of the story and defend against these allegations,” Tharp stated in a response.

The Lawsuit Filed

The Goldwater Institute filed a lawsuit on April 10, 2025, asserting that school officials misjudged W.G.’s creative expression as justification for punitive action. The organization argues that such actions violate W.G.’s rights under the First Amendment.

In light of the U.S. Supreme Court’s 2021 ruling in Mahanoy Area School District v. B.L., the Goldwater Institute contends that schools possess limited authority to regulate speech made outside of the academic environment. They also cite protections for free speech found in the Missouri Constitution’s Article I, Section 8, which stipulates that individuals have the right to “communicate whatever he will on any subject.” This reinforces their position that W.G.’s soda can art deserved protection.

Responses from School Officials

According to legal documents related to the case, Tharp indicated, “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.” This statement unveils the district’s rationale for their actions.

Despite concerns being raised, Tharp also claimed, “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.” This contradiction in messaging may reflect challenges in communication within the school district.

Seeking Clarity and Justice

The central goal of the lawsuit is to expunge W.G.’s disciplinary record and ensure that the school refrains from pursuing further actions regarding the art project created from soda cans. The litigation also aims to have the court recognize the school district’s actions as unconstitutional, emphasizing the need for clarity in how schools address student expression.

As this case unfolds, it highlights the ongoing tensions between educational institutions and student rights. The outcome may have broader implications for how schools manage creative expression and the interpretation of disciplinary actions in the age of social media.