A retired police officer in Tennessee who was jailed for 37 days over a Facebook post about the assassination of conservative activist Charlie Kirk has been awarded $835,000 in a settlement. Larry Bushart, 61, spent over a month in custody after posting a meme that referenced Kirk's death, before felony charges were dropped in October.
Bushart's lawsuit against Perry County, its sheriff and the investigator who obtained the arrest warrant alleged that his arrest violated his First Amendment rights. During his incarceration, he lost his post-retirement job and missed his wedding anniversary and the birth of his granddaughter. The settlement was announced on Wednesday.
“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 arrest stemmed from a meme Bushart posted that read “This seems relevant today …” and featured Donald Trump with the words “We have to get over it,” referencing a 2024 school shooting in Perry, Iowa. Sheriff Nick Weems acknowledged most of Bushart's posts were lawful free speech but argued the meme caused fear in the community, despite knowing it referred to an Iowa school.
Bushart's bail was initially set at $2 million, drawing national attention. His attorney, Cary Davis of the Foundation for Individual Rights and Expression, 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.”
