The assassination of Charlie Kirk was a watershed moment in contemporary American politics. There was always the chance of political violence becoming more ubiquitous post-insurrection attempt, but with Kirk’s killing, it became a reality.
In the immediate aftermath of Kirk’s murder, conservative commentators practically wanted anyone who had anything other than condolences to share to face consequences. Jobs were lost, comedians were attacked, and in Tennessee, a man was arrested on felony charges for posting a meme on Facebook of Donald Trump saying “We have to get over it” in regard to a shooting at Iowa’s Perry High School to point out the irony of conservatives suddenly being moved by gun violence.
Larry Bushart, 61, of Perry County, Tennessee, ended up spending 37 days behind bars after he was unable to afford his bail, which was set at an eye-watering $2 million. For context, suspected murderers routinely receive lower bail amounts. Such as a man from Montana who allegedly killed his wife in such a brutal way that authorities initially thought it must have been a bear attack — that man was issued a bail of $1.5 million.
Bushart is a retired officer, and the spectacle surrounding his arrest even led him to lose the job he had transitioned into. In Oct. 2025, Perry County Sheriff Nick Weems finally released Bushart and dropped the charges. Weems admitted that Bushart’s “hate memes” were protected under the First Amendment.
Bushart decided to sue the sheriff’s office and ended up being awarded an $835,000 settlement due to his rights being violated. Bushart released a statement to Fox News that read, “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. I am looking forward to moving on and spending time with my family.”
Last year, after Bushart’s arrest, Weems released his own statement to Tennesseans, saying, “Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community.” According to Weems’ retelling of the events that led to Bushart’s arrest, residents were alarmed because there is also a Perry County High School locally.
Free speech advocates, however, said that it is only during times of high tension that the national commitment to free speech is truly needed and tested. Cary Davis, an attorney for the Foundation for Individual Rights and Expression, said, “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.”
There are definitely things that can be said in poor taste. During times of grief, perhaps channeling what Trump previously said about other calamities was never going to be received well. But at a time when comedians like perennial rabble-rousing MAGA comedian Tony Hinchcliffe are live on Netflix making jokes at a Kevin Hart roast about how George Floyd is in hell with no pushback, turning around and jailing a retired cop over Facebook memes sends mixed messages.
The Constitution is not an à la carte menu.
Published: May 21, 2026 02:19 pm