Larry Bushart, a 61-year-old retired police officer from Tennessee, has won an $835,000 settlement after being jailed for more than a month over a Facebook post about the assassination of conservative activist Charlie Kirk. According to multiple reports, while many people across the U.S. lost their jobs or faced other consequences over social media comments about Kirk's death, Bushart's case was unique in that it led to criminal prosecution.
Key Takeaways
A retired police officer from Tennessee has won an $835,000 settlement after being jailed for over a month due to a Facebook post about conservative activist Charlie Kirk. Larry Bushart's case is unique as it led to criminal prosecution, unlike others who faced job losses or other consequences for similar posts.
- Larry Bushart spent 37 days in jail before charges were dropped
- He lost his job and missed significant personal milestones during incarceration
- The settlement was reached after a federal lawsuit against Perry County officials
- The case involved a Facebook meme featuring President Trump's quote about moving on from tragedies
- Sheriff Weems acknowledged the post was free speech but claimed it caused alarm
Bushart spent 37 days behind bars before authorities dropped the felony charge against him in October. During his time in jail, he lost his post-retirement job and missed significant personal milestones such as his wedding anniversary and the birth of his granddaughter. The settlement was reached after Bushart filed a federal lawsuit against Perry County, its sheriff Nick Weems, and investigator Jason Morrow who obtained the arrest warrant.
The incident that led to Bushart's arrest involved a Facebook meme he posted featuring President Donald Trump's quote 'We have to get over it,' which was said by Trump in 2024 after a school shooting at Iowa's Perry High School. The meme, which included the text 'This seems relevant today...', was misinterpreted by some residents as a threat against Perry County High School in Linden, Tennessee.
Sheriff Weems acknowledged that most of Bushart's 'hate memes' were lawful free speech but claimed that the school shooting post caused alarm among residents. Weems stated that investigators believed Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community. The bail for Bushart was set at $2 million before he was released as the case drew national attention.
Cary Davis, an attorney for the Foundation for Individual Rights and Expression (FIRE), which helped represent Bushart, emphasized the importance of free speech in times of turmoil and heightened tensions. According to Fox News, FIRE noted that hundreds of Americans have been censored for their online speech following Kirk's assassination.
Bushart expressed relief that his First Amendment rights had been vindicated and looked forward to moving on with his life. The settlement does not include an admission of wrongdoing by the defendants. Fox News reports that FIRE senior attorney Adam Steinbaugh stated, 'No one should be hauled off to jail in the dark of night over a harmless meme just because the authorities disagree with its message.'
The case highlights the complexities surrounding free speech, social media, and law enforcement's response to perceived threats. Bushart is among dozens of Americans who faced some form of sanction for social media comments about Kirk's death but remains the only person known to have gone to jail for a post.
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