Tennessee officials have agreed to pay $835,000 to settle a lawsuit filed by a retired police officer who was jailed for more than a month over a Facebook post about the assassination of conservative activist Charlie Kirk.
Settlement Reached After Social Media Arrest
Larry Bushart, 61, spent 37 days in jail before authorities dropped the felony charge against him in October 2025. His case drew national attention as a rare instance in which online speech about a public figure led to criminal prosecution.
During his time in custody, Bushart lost his post-retirement job and missed important family milestones, including his wedding anniversary and the birth of his granddaughter.
“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 Controversial Facebook Post
Bushart was arrested in September after refusing to remove Facebook memes that joked about Kirk’s death. One post that prompted the arrest featured a quote from President Trump in 2024 about a school shooting in Iowa, alongside a meme that read, “We have to get over it,” and the caption: “This seems relevant today…”
Perry County Sheriff Nick Weems said that most of Bushart’s “hate memes” were protected free speech. However, local residents were alarmed, fearing the post referenced a school in their own county. Investigators believed Bushart was aware his post could create fear and sought to “create hysteria within the community,” Weems said.
Bushart was initially held on $2 million bail before his release as the case sparked national debate over free speech online.
Legal Support and First Amendment Implications
Cary Davis, an attorney for the Foundation for Individual Rights and Expression, which helped represent Bushart, said, “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.”
The settlement highlights the ongoing challenges around free speech, social media, and government overreach, especially in highly charged political moments.
