Now I'm no judge, but I see this as a first amendment violation. The student was expressing his disdain towards the kids in a jackass sort of way, but being a jackass isn't and shouldn't be against the law.
I've gotta wonder if the charge is being pushed by someone who opposes the law being talked about in the video, who wants its first application to be in a case so ridiculous it'll create mass public opposition to it or something. That's the only scenario I can think of where an otherwise functioning adult may make a decision that poor.
I can tell you that I was forbidden from doing that while playing during a vacation in Colorado, mere months before Columbine.
This bullshit is ridiculous.