Tennessee man jailed over Charlie Kirk post wins $835,000 settlement
[May 21, 2026]
By R.J. RICO
Tennessee officials will pay $835,000 to settle a lawsuit filed by a man
who was jailed for more than a month over a Facebook post he made about
the assassination of conservative activist Charlie Kirk.
While many people across the U.S. lost their jobs over social media
comments about Kirk’s death, Larry Bushart’s case stood out as a rare
instance in which such online speech led to criminal prosecution. The
61-year-old retired police officer spent 37 days behind bars before
authorities dropped the felony charge against him in October.
During his time in jail, Bushart lost his postretirement job and missed
his wedding anniversary and the birth of his granddaughter, according to
a federal lawsuit Bushart filed in December against Perry County, its
sheriff and the investigator who obtained the arrest warrant.
“I am pleased my First Amendment rights have been vindicated,” Bushart
said in a statement announcing the settlement Wednesday. “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.”
Perry County Mayor John Carroll did not immediately respond to a
Wednesday message left with his office seeking an interview.
Bushart was arrested in September after he refused to take down Facebook
memes that joked about Kirk’s killing, which had prompted an outpouring
of grief among conservatives, including in Perry County, which is near
Bushart's home and which held a candlelight vigil.
The meme Bushart posted that prompted his arrest read: “This seems
relevant today...” and featured President Donald Trump and the words,
“We have to get over it.” That quote, the meme explained, was said by
Trump in 2024 after a school shooting at Iowa’s Perry High School.
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An attendee holds a poster of Charlie Kirk during a Turning Point
USA rally, Sept. 30, 2025, in Logan, Utah. (AP Photo/Alex Goodlett,
File)
Perry County Sheriff Nick Weems told news outlets that most of
Bushart’s “hate memes” were lawful free speech, but residents were
alarmed by the school shooting post, fearing Bushart was threatening
a local school, also called Perry County High School, even though
Weems said he knew the meme referred to a school in Iowa.
“Investigators believe Bushart was fully aware of the fear his post
would cause and intentionally sought to create hysteria within the
community,” Weems said in a statement to The Tennessean last year.
Bushart's bail was set at $2 million before he was released as the
case drew national attention.
“It’s in times of turmoil and heightened tensions that our national
commitment to free speech is tested the most,” said Cary Davis, an
attorney for the Foundation for Individual Rights and Expression,
which helped represent Bushart. “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.”
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