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 over a Facebook post linked to the killing of conservative activist Charlie Kirk.
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Larry Bushart, 61, was arrested in September after refusing to remove memes and comments about Kirk’s assassination from his Facebook page. Authorities in Perry County charged him with a felony, though prosecutors later dropped the case in October.
Bushart filed a federal lawsuit in December against Perry County, Sheriff Nick Weems and the investigator who secured the arrest warrant. He argued that his constitutional right to free speech had been violated.
“I am pleased my First Amendment rights have been vindicated,” Bushart said in a statement announcing the settlement on Wednesday. He added that freedom of expression and public debate were essential in a democracy and said he wanted to focus on spending time with his family.
Arrest followed controversial meme
The case drew national attention because criminal prosecutions over social media comments are uncommon, even when online posts lead to public backlash or employment consequences.
Bushart’s arrest stemmed from a meme featuring President Donald Trump alongside the quote “We have to get over it.” The image referred to remarks Trump made after a January 2025 school shooting in Perry, Iowa, which killed two people and injured six others.
Bushart shared the meme with the caption: “This seems relevant today…”
Some residents interpreted the post as a threat directed at Perry County High School in Linden, Tennessee. Sheriff Weems later said investigators believed Bushart intended to provoke fear in the local community, although the sheriff acknowledged that the meme itself referred to the Iowa school shooting.
Perry County had recently held a candlelight vigil following Kirk’s death, reflecting strong local sympathy for the conservative commentator.
Time in jail and fallout
Bushart remained in custody for more than a month after his bail was initially set at $2 million. During that time, he lost a post-retirement job and missed both his wedding anniversary and the birth of his granddaughter, according to the lawsuit.
The case became a focal point in debates over free speech and the limits of online expression, particularly when public officials view social media content as potentially threatening.
Bushart was represented in part by the Foundation for Individual Rights and Expression, a civil liberties group focused on free speech issues.
Free speech concerns highlighted
Cary Davis, an attorney involved in the case, said the settlement underscored constitutional protections for speech during periods of public tension.
“It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most,” Davis said. He added that the settlement should serve as a warning to law enforcement agencies about the consequences of violating First Amendment protections.
The settlement resolves the lawsuit without a trial and closes one of the more prominent legal disputes arising from online reactions to Kirk’s killing.
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Adapted by ASEAN Now. Source 21 May 2026
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