Body
Larry Bushart, a retired police officer in Tennessee who was jailed for more than a month after a Facebook post about the death of conservative activist Charlie Kirk, has reached a $835,000 settlement, according to a statement released with the agreement. The settlement resolves a lawsuit Bushart filed in federal court, naming Perry County, its sheriff and the investigator who obtained the arrest warrant, the Associated Press reported.
Bushart, 61, spent 37 days behind bars after his arrest in September, before authorities dropped a felony charge against him in October, the lawsuit and settlement statement described. He said the time in jail cost him his postretirement job and caused him to miss his wedding anniversary and the birth of his granddaughter, according to the federal lawsuit filed in December.
In the statement announcing the settlement Wednesday, Bushart said, “I am pleased my First Amendment rights have been vindicated,” adding that “The people’s freedom to participate in civil discourse is crucial to a healthy democracy.” He also said he was “looking forward to moving on and spending time with my family.”
The AP reported that Perry County Mayor John Carroll did not immediately respond to a Wednesday message seeking an interview.
Bushart’s arrest followed his posting of Facebook memes that joked about Kirk’s killing and prompted what the case describes as an outpouring of grief among conservatives. The meme at the center of the prosecution used the phrase, “This seems relevant today…” and included President Donald Trump alongside “We have to get over it,” referencing what the meme said Trump had said in 2024 after a school shooting at Iowa’s Perry High School.
According to reporting described by the AP, residents in Perry County, which is near Bushart’s home and held a candlelight vigil, were alarmed by the school-shooting reference. The Associated Press reported that Sheriff Nick Weems told news outlets at the time that most of Bushart’s “hate memes” were lawful free speech, while Weems also said investigators understood the post referred to a school in Iowa.
In a statement to The Tennessean that the AP cited, Weems said, “Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community.” Bushart’s bail had been set at $2 million before he was released as the case drew national attention.
Cary Davis, an attorney for the Foundation for Individual Rights and Expression, which helped represent Bushart, said in response to the settlement that “It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most.” Davis added, “When government officials fail that test, the Constitution exists to hold them accountable,” and said the settlement should send a message that “Respect the First Amendment today, or be prepared to pay the price tomorrow.”