A Tennessee man will receive $835,000 from local officials after being imprisoned for over a month due to a Facebook post concerning the assassination of conservative activist Charlie Kirk.
Larry Bushart’s situation was unusual among the many Americans who faced job losses following social media comments about Kirk’s death, as his case resulted in actual criminal charges. The 61-year-old former police officer remained incarcerated for 37 days until authorities dismissed the felony charges in October.
While imprisoned, Bushart lost his post-retirement employment and was unable to attend his wedding anniversary celebration or witness his granddaughter’s birth, according to the federal lawsuit he filed in December against Perry County, its sheriff and the investigator who secured his arrest warrant.
“I am pleased my First Amendment rights have been vindicated,” Bushart stated when 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.”
Authorities arrested Bushart in September when he declined to remove Facebook memes making light of Kirk’s death, which had generated significant mourning among conservatives, including Perry County residents near Bushart’s residence who organized a candlelight vigil.
The specific meme leading to his arrest stated: “This seems relevant today…” and displayed President Donald Trump with the text, “We have to get over it.” The meme indicated this quote came from Trump’s 2024 response to a school shooting at Iowa’s Perry High School.
Perry County Sheriff Nick Weems informed media outlets that while most of Bushart’s “hate memes” constituted protected speech, community members were disturbed by the school shooting reference, worrying Bushart might be targeting their local Perry County High School, despite Weems acknowledging the meme referenced an Iowa school.
“Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community,” Weems stated to The Tennessean last year.
Officials initially set Bushart’s bail at $2 million before his release as the case gained nationwide 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.”
