Tennessee officials have agreed to pay $835,000 to settle a lawsuit filed by a man who spent 37 days in jail over a Facebook post referencing conservative activist Charlie Kirk.
The man, Larry Bushart, a 61-year-old retired law enforcement officer, was arrested in September after posting a meme in a Facebook group shortly after Kirk’s killing. The post included a quote from former President Donald Trump about a prior school shooting and was shared with the caption “This seems relevant today.”
Authorities in Perry County, Tennessee, interpreted the post as a possible threat against a local school. Bushart was charged with threatening mass violence at a school and held on a $2 million bond, which he could not afford. He remained in jail for more than a month before the charges were later dropped.
Prosecutors argued the post was threatening and pointed to additional online activity, including other memes, photos of weapons, and messages suggesting admiration for past mass shooters. They also said he communicated concerning statements to others online.
Bushart’s defense said the post was political commentary that was misinterpreted and that he never intended to carry out any violence. His attorneys also argued his incarceration violated his First and Fourth Amendment rights, and that he lost his job and suffered major personal disruption while jailed.
After his release, Bushart filed a federal lawsuit against Perry County, its sheriff, and an investigator involved in the case. The suit claimed the arrest was based on a false interpretation of protected speech and that no evidence showed anyone believed he posed a real threat.
The case drew national attention from free speech advocates, who argued the arrest represented government overreach in handling social media posts. The Foundation for Individual Rights and Expression supported Bushart’s legal challenge.
The settlement resolves the lawsuit without a trial. County officials did not admit wrongdoing as part of the agreement.
