A Tennessee county has agreed to pay $835,000 to settle a lawsuit brought by a retired police officer who spent 37 days in jail after refusing to delete Facebook posts about the assassination of conservative activist Charlie Kirk.
Larry Bushart, 61, was arrested in September when he declined to remove memes from his Facebook page following Kirk's death. The case drew national attention as an unusually aggressive criminal prosecution over online speech, a distinction that set it apart from the widespread job losses and professional fallout others experienced over social media comments about the killing.
Bushart faced a felony charge that authorities dropped in October. During his incarceration, he lost his post-retirement employment, missed his wedding anniversary, and was absent for the birth of his granddaughter. His bail was initially set at $2 million.
The specific post that triggered his arrest featured a Trump quote paired with the text "This seems relevant today." The meme included the words "We have to get over it," attributed to a 2024 statement Trump made following a school shooting in Perry, Iowa. The reference to an Iowa school became the focal point of the controversy.
Investigators claimed Bushart had deliberately crafted the post to alarm residents of Perry County, Tennessee, by referencing a local high school. Sheriff Nick Weems acknowledged in a statement that most of Bushart's posts were lawful free speech but expressed concern about the Iowa shooting reference, arguing it created confusion and fear among community members who had recently held a candlelight vigil for Kirk.
The dispute hinged on whether Bushart's meme constituted protected expression or represented a veiled threat. Weems stated that Bushart "was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community."
Bushart's legal team, supported by the Foundation for Individual Rights and Expression, framed the case as a test of First Amendment protections during moments of high tension. "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 representing Bushart. "When government officials fail that test, the constitution exists to hold them accountable."
In a statement about the settlement, Bushart said his constitutional rights had been vindicated. "The people's freedom to participate in civil discourse is crucial to a healthy democracy," he said, adding that he looked forward to reconnecting with his family.
The settlement sends a financial signal to law enforcement agencies nationwide about the cost of pursuing aggressive prosecutions of social media speech. Davis noted the stakes clearly: "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."
Author James Rodriguez: "This case reveals how quickly fear can override judgment in public officials, and how expensive that mistake can become."
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