Tennessee officials have agreed to pay $835,000 to settle a lawsuit filed by a retired police officer who spent over a month in jail for a Facebook post. Larry Bushart, 61, was incarcerated for 37 days after sharing a meme that authorities deemed threatening, despite it referencing an Iowa school shooting.
Background of the Case
Bushart’s case stands out as a rare instance where online speech led to criminal prosecution, resulting in him losing his post-retirement job and missing his wedding anniversary and the birth of his granddaughter. He filed a federal lawsuit in December against Perry County, its sheriff, and the investigator who obtained his arrest warrant.
The arrest in September followed Bushart’s refusal to remove Facebook memes, some of which joked about the killing of conservative activist Charlie Kirk. The specific meme that prompted his arrest featured President Donald Trump with the words, "We have to get over it," a quote attributed to Trump in 2024 after a school shooting at Iowa’s Perry High School.
Statement from Bushart
"I am pleased my First Amendment rights have been vindicated," Bushart said in a statement announcing the settlement. "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."
Official Response
Perry County Sheriff Nick Weems stated that while most of Bushart’s "hate memes" were lawful free speech, the school shooting post alarmed residents, who feared a threat to a local school also named Perry County High School. Weems acknowledged he knew the meme 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 told The Tennessean last year.
Bushart’s bail was initially set at $2 million before his release, as the case garnered national attention. Cary Davis, an attorney for the Foundation for Individual Rights and Expression (FIRE), which assisted Bushart, commented, "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. 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."
