Tennessee officials have agreed to pay $835,000 to settle a lawsuit filed by Larry Bushart, a retired police officer who spent more than a month in jail over a Facebook post concerning the assassination of conservative activist Charlie Kirk.
Bushart, 61, is one of the few Americans to face criminal charges for social media comments related to Kirk’s death, highlighting the legal tensions surrounding online speech.
Bushart was jailed for 37 days before authorities dropped the felony charges in October 2025. During his incarceration, he lost his post-retirement job, missed his wedding anniversary, and could not attend the birth of his granddaughter, according to a federal lawsuit filed in December against Perry County, its sheriff, and the investigator who obtained the arrest warrant.
“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.”
The Facebook Post That Led to Arrest
Bushart was arrested in September 2025 after he refused to remove memes from Facebook that joked about Kirk’s assassination. The post that prompted his arrest featured President Donald Trump with the caption, “We have to get over it,” referencing Trump’s 2024 remarks after a school shooting in Iowa. The meme included the text: “This seems relevant today…”
Local authorities in Perry County, Tennessee—where Bushart lives—expressed concern that the post could be interpreted as a threat to Perry County High School, although the meme referred to a school in Iowa. Sheriff Nick Weems stated that most of Bushart’s “hate memes” were lawful free speech, but residents were alarmed by the school shooting reference.
“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, and the case quickly drew national attention.
Legal and First Amendment Implications
The case underscores the delicate balance between free speech and public safety in the digital age. Cary Davis, attorney for the Foundation for Individual Rights and Expression (FIRE), which represented Bushart, emphasized the broader significance of the settlement:
“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.”
Bushart’s successful settlement demonstrates that government overreach in policing online expression can carry serious consequences, both financially and constitutionally.
Summary Table of Key Events
| Event | Date | Location | Details | Notable Quotes |
|---|---|---|---|---|
| Facebook Post & Arrest | September 2025 | Perry County, TN | Bushart posts meme about Charlie Kirk assassination; refused to remove it | N/A |
| Jail Time | September–October 2025 | Perry County Jail | Spent 37 days in jail; missed family milestones | N/A |
| Bail Set | September 2025 | Perry County, TN | Bail set at $2 million amid national attention | N/A |
| Lawsuit Filed | December 2025 | Federal Court | Lawsuit against Perry County officials and investigator | N/A |
| Settlement Announced | May 2026 | Tennessee | Officials to pay $835,000 | “I am pleased my First Amendment rights have been vindicated.” |
Larry Bushart’s case highlights the challenges of balancing free speech with public concern in the age of social media. While the meme he posted drew widespread attention, his criminal prosecution raised significant constitutional questions.
The $835,000 settlement not only compensates Bushart for his personal losses but also reinforces the importance of the First Amendment. For law enforcement nationwide, the message is clear: respecting constitutional rights online is not optional.
