Tennessee Man Settles Lawsuit After Jail Time Over Facebook Meme

Larry Bushart, a retired police officer from Tennessee, has settled a lawsuit for $850,000 after spending over a month in jail due to a controversial Facebook meme. The meme, which made light of the assassination of Charlie Kirk, led to Bushart’s arrest despite lacking threatening intent.

Bushart, aged 61, was held for 37 days with a bond set at $2 million before charges were dropped in October. During his jail time, he suffered personal setbacks, including losing his job and missing significant family milestones.

In a statement provided by the Foundation for Individual Rights and Expression (FIRE), Bushart expressed satisfaction with the outcome in affirming his First Amendment rights. He emphasized the importance of free speech in maintaining a healthy democracy, stating his eagerness to focus on family life moving forward.

“I am pleased my First Amendment rights have been vindicated,” Bushart said. “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.”

He filed a federal lawsuit against Perry County, Sheriff Nick Weems, and the investigator responsible for the arrest warrant.

Bushart’s arrest occurred after he refused to delete a meme depicting a quote from former President Donald Trump connected to an unrelated school shooting incident. The meme suggested humor, not threats; however, authorities misinterpreted it as a potential threat to a local high school.

According to FIRE, the warrant was based on the misinterpretation that the meme threatened Perry County High School. Bushart neither created nor modified the image in question.

Sheriff Weems acknowledged that no real threat was perceived. The case focused on potential misinterpretation by some individuals, highlighting issues of free speech and its protection.

Adam Steinbaugh, a senior attorney at FIRE, voiced concern over Bushart’s experience, reiterating that disagreement over a harmless meme should not lead to arrest.

“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,” Steinbaugh asserted. “We’re pleased that Larry has been compensated for this injustice, but local law enforcement never should have forced him to endure this ordeal in the first place.”

FIRE has identified cases where Americans faced restrictions on their online speech following Kirk’s assassination. They also represent other individuals censured for similar expressions.