A Tennessee county agreed to pay retired police officer Larry Bushart $835,000 after authorities jailed him for 37 days over a Facebook meme tied to the assassination of conservative activist Charlie Kirk. The settlement resolved a federal lawsuit, accusing Perry County officials of violating Bushart’s First Amendment rights.
Bushart, 61, filed the lawsuit in December against Perry County, Sheriff Nick Weems, and investigator Jason Morrow. The Foundation for Individual Rights and Expression, known as FIRE, helped represent him in the case. Under the agreement announced Wednesday, Bushart will dismiss the lawsuit in exchange for the payment from the county’s insurer. Officials did not admit wrongdoing.
Bushart’s meme
The case drew national attention because prosecutors charged Bushart with threatening mass violence after he posted a meme that quoted President Donald Trump. The meme showed Trump alongside the phrase, “We have to get over it,” which Trump said in 2024 after a school shooting at Perry High School in Iowa. Bushart added the caption, “This seems relevant today,” in response to a Facebook post about a local vigil for Kirk.
Authorities in Perry County claimed the meme threatened Perry County High School in Tennessee, even though the post referenced the Iowa shooting. Officers arrested Bushart at his home and charged him under Tennessee’s law against threatening mass violence at schools. A judge set his bond at $2 million, which Bushart could not afford.
Sheriff Weems actually admitted in a later media interview that he knew at the time of the arrest that the image was a pre-existing meme referencing a completely different state. But he and Morrow intentionally left that crucial context out of the arrest warrant application anyway.
The sheriff originally claimed the arrest was necessary because the post caused “mass hysteria” in the community. However, public records requests later revealed that the Perry County school district had absolutely zero records of complaints, panicked texts, or administrative worry regarding the post.
Bushart spent more than five weeks in jail before prosecutors dropped the felony charge in October 2025. During his incarceration, he lost his post-retirement medical transport job and missed his wedding anniversary and the birth of his granddaughter, according to court filings.
Bushart: “Civil discourse is crucial to a healthy democracy”
In a statement released through FIRE, Bushart said he felt vindicated by the outcome. “The people’s freedom to participate in civil discourse is crucial to a healthy democracy,” he said.
FIRE attorney Cary Davis argued the case showed how officials can overstep constitutional protections during politically charged moments. The organization framed the settlement as a warning to law enforcement agencies about punishing protected speech online.
Bushart’s arrest stood out because many Americans faced workplace discipline or public backlash after commenting online about Kirk’s killing, but few faced criminal prosecution. Legal advocates and free speech groups across the political spectrum criticized the case as government retaliation against protected expression.
The dispute also fueled broader debate about how authorities should distinguish between offensive political speech, satire, and genuine threats on social media. Critics argued Perry County officials treated political commentary as criminal conduct because the message targeted a prominent conservative figure.
Bushart, a former law enforcement officer himself, said the experience changed his understanding of free speech protections in America. His settlement now ranks among the most prominent First Amendment payouts tied to online political speech in recent years.
Published: May 20, 2026 02:21 pm