Tennessee officials have agreed to pay $835,000 to Larry Bushart, a 61-year-old retired police officer who was jailed for 37 days over a Facebook meme referencing the assassination of conservative activist Charlie Kirk. The settlement resolves a lawsuit Bushart filed after his arrest in September 2023 for refusing to remove posts that authorities interpreted as a threat to Perry County High School.
Bushart’s arrest stemmed from a meme featuring President Donald Trump’s 2024 quote, “We have to get over it,” in response to a school shooting in Iowa’s Perry High School. The meme, captioned “This seems relevant today...,” was posted in a local Facebook group. While Perry County Sheriff Nick Weems acknowledged most of Bushart’s posts were protected speech, residents feared the meme implied a threat to the local school, leading to his arrest.
The felony charge was dropped in October 2023, and Bushart sued Perry County, Sheriff Weems, and investigator Jason Morrow, alleging violations of his First Amendment rights. The settlement, announced Wednesday, includes Bushart’s statement: “I am pleased my First Amendment rights have been vindicated. The people’s freedom to participate in civil discourse is crucial to a healthy democracy.”
Background and Context
Bushart’s case is one of the few instances where social media comments about Kirk’s death led to criminal prosecution, unlike others who faced job losses or social consequences. The meme’s context—referencing Trump’s remarks after a 2025 Iowa school shooting—was misinterpreted by some as a threat to Perry County High School in Tennessee.
Sheriff Weems clarified that while most of Bushart’s posts were lawful, the school-related meme caused alarm. District Attorney Hans Schwendimann declined to prosecute, and the charges were dismissed. Bushart’s lawsuit highlighted the personal toll of his arrest, including losing his post-retirement job and missing family milestones.
Legal and Social Implications
The settlement underscores the delicate balance between free speech and public safety, particularly in the digital age. Advocates argue the case highlights the risks of over-policing online expression, while critics emphasize the need to address perceived threats, even if unintended.
Bushart’s legal victory may set a precedent for similar cases, reinforcing protections for controversial but non-threatening speech. The settlement also raises questions about law enforcement discretion in interpreting online content, especially in emotionally charged contexts like political assassinations.
Moving Forward
Bushart expressed relief at the resolution, stating he looks forward to “spending time with [his] family.” The case has sparked broader discussions about First Amendment protections and the role of social media in public discourse. As digital communication continues to evolve, legal and societal norms will likely face further scrutiny.