From the Foundation for Individual Rights in Education Wednesday:
After spending 37 days in jail for nothing more than posting a meme, retired Tennessee law enforcement officer Larry Bushart has won a substantial settlement from the county and sheriff behind his arrest.
Represented by the Foundation for Individual Rights and Expression and Phillips & Phillips, PLLC, Larry Bushart filed a federal civil rights lawsuit last December against Sheriff Nick Weems, Investigator Jason Morrow, and Perry County, Tennessee, for violating his constitutional rights in retaliation for his protected speech.
Today, the parties announced in a joint statement that Larry will receive $835,000 in exchange for dismissing his complaint.
“I am pleased my First Amendment rights have been vindicated,” said Larry. “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.”
After the September 2025 assassination of conservative activist Charlie Kirk, Larry commented on a Facebook post promoting a vigil in nearby Perry County by sharing a meme that accurately quoted Donald Trump’s statement after a school shooting: “We have to get over it.”
That meme — which Larry didn’t create or alter — included a reference to the 2024 school shooting at Perry High School in Perry, Iowa. But that did not stop Weems from seeking and obtaining a warrant for Larry’s arrest, based on the absurd notion that the meme could be interpreted as a threat against Perry County High School in Tennessee. Video of the arrest shows Larry informed the arresting officer (not a defendant in the case) that he had never made a threat….
Weems admitted in a later interview that he knew at the time of the arrest that Larry’s Facebook post was a pre-existing meme that referred to an actual shooting that took place in a different state, over 500 miles away. But Weems and Morrow left out that extremely important context from their warrant application. Not that it should have mattered; the Supreme Court has long held that heated political rhetoric is fully protected by the First Amendment.
Larry spent over a month behind bars on a $2 million bond. Perry County released him from jail only after his plight went viral nationwide and prompted outrage. During his stay in jail, Larry lost his post-retirement job and missed his anniversary — as well as the birth of his grandchild. After his release, he teamed up with FIRE to hold those who violated his constitutional rights accountable…. (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.
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