Larry Bushart Settles Unlawful Incarceration Lawsuit With Perry County For $835,000

A Tennessee man, Larry Bushart, agreed to settle an "unlawful incarceration" lawsuit for $835,000 after spending 37 days in jail following his September arrest over a Facebook post related to the killing of Charlie Kirk.

Bushart, a retired police officer, was arrested by the Perry County Sheriff's Office for sharing a meme in a thread about a vigil honoring the conservative activist, and the felony charges were dropped after he remained behind bars on a $2m bond.

Alternet

In a statement announcing the settlement on Wednesday, Bushart said, "I am pleased my First Amendment rights have been vindicated," and he added, "The people's freedom to participate in civil discourse is crucial to a healthy democracy."

The case was brought against Perry County, Tennessee, Sheriff Nick Weems and investigator Jason Morrow, and a trial had been scheduled in Memphis in July before the settlement was reached.

The meme Bushart posted included the comment "Seems relevant today" alongside a partial quote from President Donald Trump: "We have to get over it," which was part of a message of condolence the president made in 2024 after a school shooting in Perry, Iowa.

Perry County Sheriff Nick Weems told US media that residents were alarmed by the post because there was an area school that went by the same name as the Iowa school, and he said, "Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community."

Ars Technica

Bushart’s attorneys said a federal lawsuit alleged the parties violated his First Amendment right and Fourth Amendment right against "wrongful arrest, wrongful prosecution, and wrongful incarceration," and the settlement ended the legal fight without any admission of wrongdoing by the defendants.

In a video released by Bushart's attorneys, the responding officer told him, "So I'm just going to be completely honest with you, I have really no idea what they're talking about," while Bushart responded, "I'm not going to take it down."

The settlement comes as the case drew national attention after Kirk’s killing, with the BBC describing Bushart as the only person known to have gone to jail for a post, even as others faced sanctions ranging from online criticism to losing jobs.

The Foundation for Individual Rights and Expression, represented by senior attorney Adam Steinbaugh, said, "No one should be hauled off to jail in the dark of night over a harmless meme just because the authorities disagree with its message," and the Foundation said the settlement compensated Bushart for the ordeal.

The Tennessean reported that the settlement ends a case focused on free speech online and noted that it leaves just one more Tennessee First Amendment lawsuit represented by FIRE in the wake of Kirk's death, involving Monica Meeks, a former employee of the Tennessee Department of Commerce and Insurance and state representative candidate.

In addition to Bushart’s case, FIRE said it also represented Monica Meeks and pointed to an Austin Peay State University settlement for a professor fired for posts quoting Kirk’s words on gun violence, while Cary Davis said, "When government officials fail that test, the Constitution exists to hold them accountable."