
Missouri Mom Sues School After Son Suspended for Making Soda Can “Rifle” Art at Home
Mountain View, Missouri – A Missouri mother is suing her local school district after her 13-year-old son was suspended for posting a photo of soda cans glued together in the shape of a rifle—an art project made entirely at home. The case raises serious questions about the limits of school authority and the erosion of students’ constitutional rights.
What Happened?
The student, identified as “W.G.” in legal documents, created a sculpture from Dr. Pepper cans that resembled a rifle. He took a photo of it and posted it to Snapchat along with a soundtrack titled “AK47,” which is available within the app. The post was made outside of school hours, off school grounds, and did not mention any school or students.
Despite this, a parent saw the post and contacted the Mountain View-Birch Tree R-III School District. The following day, school administrators searched W.G.’s belongings and suspended him for three days. They also marked his record with a “cyberbullying” offense—his first ever.
The Lawsuit
Filed on April 10, the lawsuit argues that the school violated W.G.’s First and Fourteenth Amendment rights. The legal team, led by attorneys from the Goldwater Institute, says the school overreached its authority by punishing a student for off-campus speech that posed no threat.
“This is unconscionable—my son never hurt or threatened a single person,” said W.G.’s mother, Riley Grunden, in a statement released by the 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. What happened to his First Amendment rights?”
In a related blog post, the Goldwater Institute wrote:
“Because of the U.S. Supreme Court’s 2021 decision in Mahanoy Area School District v. B.L., schools have limited authority to regulate off-campus speech. Missouri’s Constitution also provides even broader protections.”
The lawsuit also cites Article I, Section 8 of the Missouri Constitution, which guarantees the right to “communicate whatever he will on any subject.”
The School Responds
In a public statement, Superintendent Lanna Tharp said:
“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.”
Despite the district later admitting that there was “no credible evidence of any danger,” the student was still suspended.
The lawsuit quotes a communication from Tharp saying:
“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.”
Real Consequences for a Harmless Project
Grunden said in a Facebook post:
“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 that he’s going to bring a ‘gun’ made out of soda cans is absolutely absurd.”
The lawsuit argues that the disciplinary record could harm W.G.’s chances at future college admissions and that he is now dealing with anxiety and receiving counseling.
Part of a Larger Pattern?
Dave Roland, director of litigation and co-founder of the Freedom Center of Missouri, commented:
“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 log onto social media.”
This isn’t the first time Missouri schools have come under fire for punishing students over symbolic or imaginative expression. Similar to the case of a first grader suspended for using his fingers as a pretend gun while playing “cops and robbers,” this incident highlights what many see as a growing trend of zero tolerance overtaking zero judgment.
School Suspends 1st-Grade Students for Finger Guns, while Playing Cops & Robbers
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