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Tennessee Man Settles $835,000 Lawsuit After 37-Day Jail Over Charlie Kirk Meme

5/23/2026, 12:02:45 PM

Background: Charlie Kirk’s Assassination and Online Fallout

On September 10 2025, conservative activist Charlie Kirk was shot dead during a speaking event in Utah. The killing sparked a wave of online commentary, including memes that mocked the death or criticized Kirk’s organization, Turning Point USA. Hundreds of Americans later faced job loss or disciplinary action for such posts, but only one criminal case emerged.

Core Incident: Arrest and Incarceration of Larry Bushart

Larry Bushart, a 61-year-old retired police officer from Perry County, Tennessee, reposted a meme in a local Facebook group ten days after Kirk’s death. The meme featured a photo of former President Donald Trump with the caption “We have to get over it,” a quote Trump made after a 2024 school shooting at Perry High School in Iowa. Sheriff Nick Weems obtained a warrant, alleging the post threatened Perry County High School in Linden, Tennessee. Bushart was arrested in September 2025, held on a $2 million bond he could not post, and remained in jail for 37 days until the felony charge was dropped in October 2025.

Timeline of Key Events

  • Sept 2025 – Charlie Kirk assassinated; Bushart shares meme.
  • Sept 2025 – Sheriff’s office secures arrest warrant; Bushart arrested.
  • Oct 2025 – Felony charge dismissed; Bushart remains incarcerated pending bond.
  • Dec 2025 – Bushart files federal civil-rights lawsuit against Perry County, Sheriff Weems, and investigator Jason Morrow.
  • May 20 2026 – County agrees to $835,000 settlement; lawsuit dismissed.

Legal Claims and Settlement Details

Bushart’s suit alleged violations of his First-Amendment free-speech rights and Fourth-Amendment protection against unlawful arrest and detention. The settlement—$835,000 paid by Perry County—covers damages for lost post-retirement employment, missed family milestones, and the wrongful incarceration. The agreement is among the largest monetary resolutions linked to the national backlash over Kirk’s death; comparable settlements include a $500,000 payout to an Austin Peay State University professor and $125,000 to an Iowa public defender.

Official Statements & Responses

  • Bushart said his “First Amendment rights have been vindicated” and emphasized the importance of civil discourse.
  • Sheriff Weems asserted that investigators believed Bushart “intentionally sought to create hysteria within the community.”
  • Cary Davis of the Foundation for Individual Rights and Expression (FIRE) warned that “our national commitment to free speech is tested the most” during turbulent times.
  • FIRE senior attorney Adam Steinbaugh condemned the arrest as an overreach, calling it “unjust.”
  • Perry County Mayor John Carroll declined to comment.

Criticism of Law Enforcement’s Interpretation

Civil-rights advocates highlighted that the meme was a pre-existing internet post referencing an Iowa shooting, not a local threat. Weems later admitted he knew the meme’s origin but proceeded with the arrest, prompting accusations of selective enforcement and intimidation of protected speech.

Conflicting Reports & Gaps

Most outlets report the settlement as $835,000; Fox News cited $850,000, creating a minor discrepancy. The BBC noted a separate criminal trial scheduled in Memphis for July, but details remain unpublished. No public record confirms that any community member reported the meme as a genuine threat.

Verbatim Quotes

  • “I am pleased my First Amendment rights have been vindicated.” — Larry Bushart, retired police officer
  • “Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community,” — Nick Weems, Perry County Sheriff
  • “It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most,” — Cary Davis, FIRE attorney
  • “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,” — Adam Steinbaugh, FIRE senior attorney
  • “The people’s freedom to participate in civil discourse is crucial to a healthy democracy.” — Larry Bushart

Implications for First Amendment Jurisprudence

The settlement underscores that online political expression, even when provocative, remains protected speech. It signals that law-enforcement agencies may face substantial liability when interpreting digital content as criminal threats without concrete evidence. The case may serve as a precedent for future challenges to arrests based on social-media posts, reinforcing judicial scrutiny of First-Amendment claims in the digital age.