As we have seen recently, just about any law can be overturned by the right court. While it’s unlikely in California, the kid might just be able to get some relief on that basis if it were challenged on First Amendment grounds. But I believe the fight here really should be waged in the court of public opinion. I would go on the offensive all the time if I were that young man. Dig into every similar incident in the past, and every aspect of this professor’s past including all such similar statement she may have made clear back to kindergarten. Find comments the administration may have made supporting actions such as what he took when the shoe was on the other foot. Make the fight more trouble for the school than it’s worth.
I would think that misprision would be a term that would factor highly in recording a criminal act.