Tennessee officials have agreed to pay $835,000 to settle a lawsuit filed by Larry Bushart, a man jailed for over a month due to a Facebook post about conservative activist Charlie Kirk’s assassination. This case stands out as a rare instance where online speech led to criminal prosecution in the U.S.
Bushart, a 61-year-old retired police officer, spent 37 days in jail. The authorities dropped the felony charge against him in October. While in jail, he lost his postretirement job and missed significant personal events, including his wedding anniversary and the birth of his granddaughter. He filed a federal lawsuit against Perry County, its sheriff, and the investigator responsible for the arrest warrant in December.
“I am pleased my First Amendment rights have been vindicated,” Bushart stated regarding the settlement. “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 remove Facebook memes joking about Kirk’s death, which saddened conservatives nationwide, including those in Perry County. The local community, near Bushart’s home, held a candlelight vigil for Kirk. A meme that led to Bushart’s arrest showed President Donald Trump with the words, “We have to get over it.” This quote was stated to come from Trump in 2024, after a school shooting in Iowa.
Perry County Sheriff Nick Weems acknowledged Bushart’s memes as lawful free speech but said the post caused fear due to a nearby school with a similar name, Perry County High School. Even though Weems understood it referred to a school in Iowa, he stated, “Investigators believe Bushart was aware of the fear his post would cause and intentionally sought to create hysteria within the community.”
Bushart’s bail was set at $2 million before his release as the case gained national attention. Cary Davis, an attorney for the Foundation for Individual Rights and Expression, noted, “It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most. When government officials fail that test, the Constitution exists to hold them accountable.” Davis expressed hope that Larry’s settlement would serve as a warning to law enforcement to respect the First Amendment.