Man jailed over Charlie Kirk post awarded $835K in settlement

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A retired Tennessee police officer who spent five weeks in jail after posting an anti-Trump Facebook meme has been awarded $835,000 in a settlement that dismissed his lawsuit against county officials.

Attorneys for Larry Bushart had filed a federal civil rights lawsuit against the sheriff and investigator involved in Bushart’s arrest, as well Perry County, Tennessee, arguing that they violated his First and Fourth amendment rights.

“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,” Foundation for Individual Rights and Expression senior attorney Adam Steinbaugh said in a statement announcing the settlement Wednesday.

After the September killing of conservative activist Charlie Kirk, Bushart shared a meme that quoted Donald Trump saying “We have to get over it,” after a school shooting in Perry, Iowa. Bushart posted the meme, which he did not make, as a comment on a post about a nearby vigil after Kirk’s death. The post included the phrase, “This seems relevant today ….”

Weems, who ordered Bushart’s arrest, said some people in Perry County interpreted the meme as a threat to their local high school.

During his more than a month in jail, Bushart, who had a 34-year career in law enforcement, lost his postretirement job in medical transportation, and missed his wedding anniversary and the birth of his grandchild, his lawyers said in a statement.

“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.”

The settlement says that the Local Government Property and Casualty Fund will pay the $835,000 award on behalf of the defendants – Perry County, Sheriff Nick Weems and Jason Morrow, who is a county investigator.

“As Sheriff, there is no responsibility I take more seriously than protecting the children in our community, who are some of the most vulnerable among us,” Weems said in the joint statement announcing the settlement. “Ensuring their safety is not just a duty of this office, it is a commitment I carry with me every single day. I am happy to have this matter resolved, and I look forward to continuing to serve and protect the people of Perry County.”

Bushart is among a number of people who were punished for their social media reactions in the wake of Kirk’s death in September. Employers, including the Secret Service, several U.S. airlines and Office Depot, penalized or fired scores of employees – some of whom challenged the punishments and have reached settlements.

ABC took comedian Jimmy Kimmel’s show off the air for about a week after he made on-air remarks about Kirk’s killing.

Earlier this month, an Iowa public defender terminated over posts about Kirk was awarded $125,000 in a settlement. Maria Ruhtenberg, who was fired from the Office of the State Public Defender, had posted comments on Facebook including “live by the sword, die by the sword” and “you reap what you sow,” according to the Des Moines Register. Last month, a teacher in Creston, Iowa settled with her school district for $145,000, the Register also reported.

Austin Peay State University in Tennessee reached a $500,000 settlement with tenured professor Darren Michael, whom the school initially terminated after her posted about Kirk, WKRN reported. The professor had posted a news article with the headline “Charlie Kirk Says Gun Deaths ‘Unfortunately’ Worth it to Keep 2nd Amendment.” Sen. Marsha Blackburn (R-Tennessee) posted a screenshot of Michael’s post, as well as his faculty biography, with the line “What do you say, @austinpeay?”