A Tennessee man is set to collect $835,000 from local officials after being locked up for more than a month over a social media post about conservative activist Charlie Kirk's assassination. The payout ends a federal lawsuit that accused the Perry County Sheriff's Office of trampling on First Amendment rights.
Larry Bushart, a 61-year-old retired law enforcement officer, was arrested in September after sharing Facebook memes that accused the Turning Point USA founder of spreading hate. The Perry County Sheriff's Office alleged the posts encouraged violence and set his bail at $2 million. Sheriff Nick Weems told The Tennessean at the time that investigators believed Bushart “was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community.”
Bushart spent 37 days behind bars before prosecutors dropped the charges. He then filed a federal civil rights lawsuit against Perry County, the sheriff, and the lead investigator, arguing his constitutional right to free speech had been violated. The settlement, announced Wednesday, requires Tennessee to pay $835,000 in exchange for dropping the case.
“I am pleased my First Amendment rights have been vindicated,” Bushart said in a statement. “The people’s freedom to participate in civil discourse is crucial to a healthy democracy.”
Kirk’s assassination at a Utah college in September triggered widespread online debate and a crackdown by federal authorities. The State Department directed consular officials to monitor social media posts celebrating the killing and to identify their authors. Secretary of State Marco Rubio later revoked visas from several foreign nationals who posted such comments, following earlier warnings that they should “prepare to be deported.”
Bushart was the first person arrested in connection with Kirk-related memes, drawing immediate criticism from free speech advocates who argued his detention was a clear overreach. The case also echoes broader tensions around political speech online, especially in the wake of high-profile incidents. In a related development, the Department of Justice recently created a $1.8 billion fund aimed at preventing the weaponization of federal agencies, a move that came after a separate lawsuit settlement involving former President Donald Trump and the IRS. Meanwhile, Tennessee's political landscape has been roiled by redistricting battles, with Rep. Steve Cohen announcing his retirement after a GOP-drawn map carved up his Memphis seat.
The settlement marks a rare victory for a defendant in a case that touched on the limits of incendiary political speech. Legal experts say it underscores the high bar law enforcement must clear when jailing individuals for online commentary, even when that commentary is crude or offensive.
