Tennessee Man Jailed Over Charlie Kirk Meme Wins $835,000 Settlement
Tennessee officials will pay $835,000 to settle a federal lawsuit filed by a retired police officer who was jailed for 37 days over a Facebook meme he posted following the assassination of conservative activist Charlie Kirk, according to AP News.
The settlement marks a significant victory for First Amendment advocates and sends a warning to law enforcement agencies about the consequences of overreach in policing online speech.
The Arrest
Larry Bushart, 61, a retired police officer from Lexington, Tennessee, was arrested on September 21, 2025, and charged with “threatening mass violence at a school.” His crime: sharing a pre-existing internet meme in the comments of a Facebook post about a vigil for Charlie Kirk in Perry County, Tennessee.
The meme featured a photo of President Donald Trump alongside his remark following the January 2024 school shooting at Perry High School in Iowa: “We have to get over it.” Bushart captioned the image: “This seems relevant today.”
Despite the meme referencing a school shooting in a different state, Perry County Sheriff Nick Weems ordered Bushart’s arrest, claiming residents could misinterpret the post as a threat against Perry County High School in Tennessee. Bail was set at $2 million — an amount Bushart could not afford.
37 Days in Jail
Bushart spent 37 days behind bars. During his incarceration, he lost his post-retirement job in medical transportation, missed his wedding anniversary, and missed the birth of his granddaughter.
The case drew national attention after NewsChannel 5 Investigates published an exclusive interview with Sheriff Weems in late October 2025. In that interview, Weems admitted he knew the meme referred to the Iowa school shooting, not Perry County High School, but said “the public did not know.”
Following a media firestorm and widespread backlash, the felony charge against Bushart was dropped in late October 2025, and he was released.
The Lawsuit
In December 2025, Bushart filed a federal civil rights lawsuit against Perry County, Sheriff Nick Weems, and Investigator Jason Morrow, alleging violations of his First and Fourth Amendment rights. He was represented by the Foundation for Individual Rights and Expression (FIRE) and Phillips and Phillips, PLLC.
“I spent over three decades in law enforcement, and have the utmost respect for the law,” Bushart said in a statement from FIRE at the time. “But I also know my rights, and I was arrested for nothing more than refusing to be bullied into censorship.”
FIRE senior attorney Adam Steinbaugh added: “If police can come to your door in the middle of the night and put you behind bars based on nothing more than an entirely false and contrived interpretation of a Facebook post, no one’s First Amendment rights are safe.”
The Settlement
On May 20, 2026, Tennessee officials agreed to the $835,000 settlement. In a statement, Bushart said he was “pleased my First Amendment rights have been vindicated.”
Cary Davis, a FIRE attorney, said the settlement should send a clear message: “Respect the First Amendment today, or be prepared to pay the price tomorrow.”
Broader Implications
Bushart’s case stood out as a rare instance in which online speech about Kirk’s assassination led to criminal prosecution rather than just employment consequences, which dozens of others across the country faced. The case has raised questions about how Tennessee’s 2024 law addressing threats of mass violence at schools should apply to online speech, and whether law enforcement agencies need clearer guidance on distinguishing protected political expression from genuine threats.
Perry County Mayor John Carroll did not respond to requests for comment on the settlement. It remains unclear whether Sheriff Weems or Investigator Morrow will face any personal financial liability as part of the agreement.
What’s Next
The settlement closes a chapter in a case that legal experts say should serve as a cautionary tale for law enforcement nationwide. As FIRE’s Davis noted, the Constitution exists to hold government officials accountable when they fail the test of protecting free speech — even in times of heightened tension and public grief.