A retired police officer who spent more than a month in jail because of a Facebook post made after conservative commentator Charlie Kirk was assassinated is set to receive a substantial settlement.
Larry Bushart, 61, was detained for 37 days after authorities in Perry County, Tennessee, treated a meme he shared online as a threat. Bushart said the post was intended to highlight what he viewed as hypocrisy in how some people respond to gun violence depending on the victim.
On Wednesday, his legal team announced that the county has agreed to pay Bushart $835,000 to resolve the case stemming from his arrest and detention.
Bushart said the outcome affirms his First Amendment protections, but noted the ordeal carried personal and financial consequences, including missing the birth of his granddaughter and losing income from a post-retirement side job.
He filed a federal lawsuit alleging unlawful incarceration against Perry County in December 2025, shortly after he was released. The complaint followed his arrest over memes he posted after Kirk was shot on September 10.
In the days after the killing, social media saw a wave of backlash, with some pro-MAGA users pushing to shame or punish people who mocked the death or posted jokes, including efforts to target their employment.
While emotions were high after the public killing of the 31-year-old commentator, U.S. free-speech protections generally cover even offensive or ill-considered speech, aside from narrow exceptions such as inciting violence.
Despite that, Bushart was jailed for content his attorneys argue was clearly protected speech. One of the posts at issue even referenced a quote attributed to President Trump.
“We have to get over it,” the meme stated, quoting Trump’s response to a fatal shooting in Perry County, Iowa, where a student killed a fellow pupil and a teacher before taking his own life. “This seems relevant today…” Bushart wrote as he shared the image.
However, Perry County Sheriff Nick Weems labeled the posts “hate memes,” and told a local newspaper: “Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community.”
Authorities also set Bushart’s bail at $2 million, a figure his supporters argued was wildly disproportionate to the alleged offense, as national tensions remained elevated in the aftermath of the assassination.
“I am pleased my first amendment rights [to free speech] have been vindicated,” Bushart said in a statement announcing the settlement on 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.”
“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, a senior attorney with the Foundation for Individual Rights and Expression told the New York Times.
He added: “We’re pleased that Larry has been compensated for this injustice, but local law enforcement never should have forced him to endure this ordeal in the first place.”