Tennessee authorities have agreed to pay $835,000 to settle the lawsuit of Larry Bushart, a man who was jailed for more than a month due to a Facebook post related to the murder of conservative activist Charlie Kirk. Bushart, a retired police officer aged 61, spent 37 days in jail before the felony charge against him was dropped in October.
His incarceration had significant personal repercussions; he lost his post-retirement job and missed his wedding anniversary and his granddaughter’s birth. The arrest came after Bushart did not remove a Facebook meme about Kirk’s assassination, a topic that led to job losses for many across the U.S.
The lawsuit was filed in December against Perry County, its sheriff, and the investigator who obtained the arrest warrant. Bushart expressed satisfaction about the settlement, stating, “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.”
The meme posted by Bushart included President Donald Trump and the words, “We have to get over it,” referencing a comment made by Trump after a school shooting in Iowa. Despite the sheriff’s recognition that the meme referred to an out-of-state school and constituted lawful free speech, local residents were alarmed by its implications for Perry County High School.
According to Perry County Sheriff Nick Weems, many of Bushart’s posts were lawful, but investigators believed his school shooting meme was designed to create community panic. Bushart’s bail was set at $2 million, drawing national attention to the case.
Cary Davis, representing Bushart through the Foundation for Individual Rights and Expression, remarked, “It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most. When government officials fail that test, the Constitution exists to hold them accountable.”
The settlement serves as a significant reminder to law enforcement nationwide to uphold First Amendment rights, or face legal consequences.