Tennessee officials have agreed to pay $835,000 to settle a federal lawsuit filed by a retired police officer who spent 37 days in jail after posting memes on Facebook about the assassination of conservative activist Charlie Kirk.
The settlement, announced Wednesday, resolves claims brought by 61-year-old Larry Bushart against Perry County, its sheriff and an investigator who secured the arrest warrant. Bushart, who lives near the county, was arrested in September after refusing to remove posts that authorities said alarmed local residents.
According to court documents, Bushart lost his post-retirement job, missed his wedding anniversary and the birth of his granddaughter while behind bars. The felony charge against him was later dropped in October as the case attracted national attention.
"I am pleased my First Amendment rights have been vindicated," Bushart said in a statement. "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."
The post that prompted the arrest featured a meme referencing President Donald Trump’s 2024 comment after a school shooting at Perry High School in Iowa. The meme read: "This seems relevant today..." followed by Trump’s words, "We have to get over it."
Perry County Sheriff Nick Weems told news outlets that most of Bushart’s other "hate memes" constituted lawful free speech. However, residents expressed concern over the school shooting reference, fearing it targeted the local Perry County High School even though Weems acknowledged the post referred to the Iowa incident.
"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 last year.
Bushart’s bail was initially set at $2 million. He remained in custody until the charge was dropped, prompting widespread discussion about the limits of online speech during periods of heightened political tension.
Cary Davis, an attorney with the Foundation for Individual Rights and Expression who helped represent Bushart, emphasized the broader stakes. "It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most," Davis said. "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."
Perry County Mayor John Carroll did not immediately respond to requests for comment on the settlement. The agreement comes amid reports that many others across the country faced job losses rather than criminal charges for similar online comments about Kirk’s death.
Bushart’s case drew particular scrutiny because it involved actual prosecution rather than private-sector repercussions. The lawsuit filed in December alleged violations of his constitutional rights and sought damages for the time he spent incarcerated.
Officials in the rural county, which held a candlelight vigil following Kirk’s assassination, described the community reaction as one of alarm over the perceived threat. Bushart maintained the posts were satirical and protected expression.
The settlement amount of $835,000 will be paid by county officials, though specific terms beyond the payment were not detailed in initial reports. Bushart’s attorneys described the outcome as a vindication of core constitutional protections.
Legal observers noted that the case highlights challenges local law enforcement faces when interpreting social media content amid grief and political division. While many similar incidents resulted in firings or public backlash, few escalated to felony arrests and extended jail time.
Bushart, a former law enforcement officer himself, has said he intends to focus on family time following the resolution. The Foundation for Individual Rights and Expression continues to monitor similar cases nationwide involving online speech and government action.