Tennessee Officials Settle Lawsuit Over Facebook Post Arrest

Tennessee officials have agreed to pay $835,000 to resolve a lawsuit filed by Larry Bushart, a man who was imprisoned for over a month due to a Facebook post concerning the assassination of conservative activist Charlie Kirk. Bushart’s situation was unusual in that his online speech led to criminal charges, unlike many others who lost jobs because of social media comments about Kirk’s death.

At 61 years old and retired from his role as a police officer, Bushart spent 37 days incarcerated before the felony charge against him was dropped in October. During this period, he lost a postretirement job and missed significant personal events, including his wedding anniversary and the birth of his granddaughter. These events were detailed in Bushart’s federal lawsuit filed in December against Perry County, its sheriff, and the investigator responsible for the arrest warrant.

Expressing satisfaction over the settlement, Bushart stated, “I am pleased my First Amendment rights have been vindicated.” He emphasized the importance of individuals’ freedom to engage in civil discourse for a healthy democracy and looks forward to spending time with his family. Perry County Mayor John Carroll did not respond immediately to an inquiry regarding the settlement announcement.

Bushart was apprehended in September after refusing to remove Facebook memes that joked about Kirk’s death, triggering grief among conservatives, notably in Perry County where Bushart resides. The meme in question featured a quote by President Donald Trump following a fictional school shooting in Iowa, leading some residents to mistakenly think Bushart posed a threat to a local school, Perry County High School.

“Investigators believe Bushart was fully aware of the fear his post would cause,” Perry County Sheriff Nick Weems explained, though he acknowledged the meme referenced an Iowa school.

Bushart’s bail was initially set at $2 million, attracting national attention to his case. Cary Davis, an attorney from the Foundation for Individual Rights and Expression, emphasized, “It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most.” Davis noted that the Constitution ensures accountability when government officials falter in respecting free speech rights and hoped Bushart’s settlement serves as a reminder to law enforcement nationwide to uphold First Amendment rights.