Tennessee officials agreed to pay $835,000 to settle a lawsuit filed by a man jailed for more than a month over a Facebook post about the assassination of conservative activist Charlie Kirk.
Many people across the US lost jobs over social media comments about Kirk’s death, but Larry Bushart’s case resulted in criminal prosecution. Bushart, 61, a retired police officer, spent 37 days in jail before authorities dropped a felony charge in October.
While jailed, Bushart lost his post-retirement job, missed his wedding anniversary and the birth of his granddaughter, according to a federal lawsuit he filed in December against Perry County, its sheriff and the investigator who obtained the arrest warrant.
“I am pleased my first amendment rights [to free speech] have been vindicated,” Bushart said in a statement Wednesday announcing the settlement. “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.”
Perry County Mayor John Carroll did not respond to a message left with his office Wednesday seeking an interview.
Bushart was arrested in September after refusing to take down Facebook memes that joked about Kirk’s killing, which prompted an outpouring of grief among conservatives, including in Perry County, which held a candlelight vigil near Bushart’s home.
The meme that prompted his arrest read: “This seems relevant today…” and featured Donald Trump with the words: “We have to get over it.” The meme explained that Trump said that in 2024 after a school shooting at Perry High School in Iowa.
Perry County Sheriff Nick Weems told news outlets that most of Bushart’s “hate memes” were lawful free speech. But residents were alarmed by the school shooting post, fearing Bushart threatened a local school named Perry County High School, even though Weems said he knew the meme referred to the 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 said in a statement to The Tennessean.
Bushart’s bail was set at $2 million before he was released as the case drew national 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.”
📝 This article was rewritten with AI assistance based on content from
The Guardian.
Tennessee Man Jailed Over Charlie Kirk Post Wins $835,000 Settlement
Tennessee officials agreed to pay $835,000 to settle a lawsuit filed by a man jailed for more than a month over a Facebook post about the assassination of conservative activist Charlie Kirk.
Many people across the US lost jobs over social media comments about Kirk’s death, but Larry Bushart’s case resulted in criminal prosecution. Bushart, 61, a retired police officer, spent 37 days in jail before authorities dropped a felony charge in October.
While jailed, Bushart lost his post-retirement job, missed his wedding anniversary and the birth of his granddaughter, according to a federal lawsuit he filed in December against Perry County, its sheriff and the investigator who obtained the arrest warrant.
“I am pleased my first amendment rights [to free speech] have been vindicated,” Bushart said in a statement Wednesday announcing the settlement. “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.”
Perry County Mayor John Carroll did not respond to a message left with his office Wednesday seeking an interview.
Bushart was arrested in September after refusing to take down Facebook memes that joked about Kirk’s killing, which prompted an outpouring of grief among conservatives, including in Perry County, which held a candlelight vigil near Bushart’s home.
The meme that prompted his arrest read: “This seems relevant today…” and featured Donald Trump with the words: “We have to get over it.” The meme explained that Trump said that in 2024 after a school shooting at Perry High School in Iowa.
Perry County Sheriff Nick Weems told news outlets that most of Bushart’s “hate memes” were lawful free speech. But residents were alarmed by the school shooting post, fearing Bushart threatened a local school named Perry County High School, even though Weems said he knew the meme referred to the 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 said in a statement to The Tennessean.
Bushart’s bail was set at $2 million before he was released as the case drew national 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.”
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