Tennessee officials will pay $835,000 to settle a lawsuit filed by a man who was jailed for more than a month over a Facebook post he made about the assassination of conservative activist Charlie Kirk.
While many people across the U.S. lost their jobs over social media comments about Kirk’s death, Larry Bushart’s case stood out as a rare instance in which such online speech led to criminal prosecution. The 61-year-old retired police officer spent 37
days behind bars before authorities dropped the felony charge against him in October.
During his time in jail, Bushart lost his postretirement job and missed his wedding anniversary and the birth of his granddaughter, according to a federal lawsuit Bushart filed in December against Perry County, its sheriff and the investigator who obtained the arrest warrant.
“I am pleased my First Amendment rights have been vindicated,” Bushart said in a statement announcing the settlement Wednesday. “The people’s freedom to participate in civil discourse is crucial to a healthy democracy. I am looking forward to moving on and spending time with my family.”
Bushart was arrested in September after he refused to take down Facebook memes that joked about Kirk’s killing, which had prompted an outpouring of grief among conservatives, including in Perry County, which is near Bushart's home and which held a candlelight vigil.
The meme Bushart posted that prompted his arrest read: “This seems relevant today...” and featured President Donald Trump and the words, “We have to get over it.” That quote, the meme explained, was said by Trump in 2024 after a school shooting at Iowa’s Perry High School.
Perry County Sheriff Nick Weems told news outlets that most of Bushart’s “hate memes” were lawful free speech, but residents were alarmed by the school shooting post, fearing Bushart was threatening a local school, also called Perry County High School, even though Weems said he knew the meme referred to a school in Iowa.
“Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community,” Weems said in a statement to The Tennessean last year.
Bushart's bail was set at $2 million before he was released as the case drew national attention.
“It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most,” said Cary Davis, an attorney for the Foundation for Individual Rights and Expression, which helped represent Bushart. “When government officials fail that test, the Constitution exists to hold them accountable. Our hope is that Larry’s settlement sends a message to law enforcement across the country: Respect the First Amendment today, or be prepared to pay the price tomorrow.”
