Birch Tree Student Suspended After Making A Rifle Out Of Soda Cans

A Mountain View-Birch Tree student has been suspended after making a rifle out of soda cans. His mom has filed a lawsuit against the school, saying it’s against her First Amendment rights.

The Rifle Art

In September of 2024, a 13-year-old student of the Mountain View-Birch Tree school district made an AK-47 out of Dr. Pepper soda cans. After he made it, he posted a picture of it on his private Snapchat account with audio titled as “AK47.” ^[1] The student did not make the rifle art on the school grounds, and neither did he post the picture on his Snapchat while at the school.

Suspension

At some point, a parent saw the picture and brought it to the school district’s attention. The next day, the principal told the student’s mother, Riley Grunden, that her son would have to be searched when he came to school. Although the school district admitted that the investigation found “no credible evidence of any danger,” the school still suspended Grunden’s son for three days because his post “caused fear to at least one student.” ^[2]

The school considered the post to be “cyberbullying.” Measures may be taken if the “cyberbullying” causes a reasonable student to fear for their physical safety or property; substantially interferes with the educational performance, opportunities, or benefits of any student without exception; or it substantially disrupts the orderly operation of the school. ^[3]

Lawsuit

On April 10, 2025, a lawsuit was filed by Grunden against the Mountain View-Birch Tree school district. Grunden said that “The First Amendment does not permit the Defendants to punish W.G. [her son] 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.” ^[4]

Goldwater Institute, where Grunden hired an attorney, said that the school district violated the First and Fourteenth Amendment rights. They stated: “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.” ^[5]