A Tennessee man, Larry Bushart, received $850,000 in a settlement after being jailed for over a month due to a Facebook meme. The meme poked fun at the assassination of Charlie Kirk.
Bushart, a 61-year-old retired police officer, spent 37 days in jail under a $2 million bond. This was before authorities dropped the felony charge in October. During his time in jail, he lost his post-retirement job, missed his wedding anniversary, and could not attend the birth of his granddaughter. These details were part of a federal lawsuit he filed against Perry County, Perry County Sheriff Nick Weems, and the investigator responsible for his arrest warrant.
“I am pleased my First Amendment rights have been vindicated,” Bushart said.
The Foundation for Individual Rights and Expression (FIRE) provided a statement announcing the settlement, which Bushart said allows him to focus on family. He noted the importance of freedom in civil discourse.
Bushart’s arrest in September followed his refusal to take down a Facebook meme. The meme included a humorous take on Kirk’s assassination, featuring an image of President Donald Trump with the words, “We have to get over it.” This quote was said by Trump in 2024 after a school shooting in Iowa.
The arrest was based on the idea that the meme could be seen as a threat to Perry County High School in Tennessee, even though Bushart neither created nor altered it. Sheriff Weems noted that there was no real belief in a threat but emphasized potential misinterpretation by some as the basis for the arrest.
“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,” said Adam Steinbaugh, FIRE senior attorney.
FIRE noted that many Americans faced censorship for online speech following Kirk’s assassination. The group also represents Monica Weeks, a public servant fired for a Facebook post criticizing Kirk after his death.