Larry Bushart Case: How a Facebook Meme Led to 37 Days in Jail and an $835,000 Settlement

 
By zen , 15 November 2026
larry-bushart-jr

Larry Bushart, a 61-year-old retired Tennessee law enforcement officer, spent 37 days in jail after sharing a political meme on Facebook following the September 2025 assassination of conservative activist Charlie Kirk. The meme quoted President Donald Trump saying, "We have to get over it," after a deadly school shooting in Perry, Iowa, in January 2024. Although the image referred to an incident in another state, Perry County Sheriff Nick Weems and Investigator Jason Morrow treated it as a potential threat against Perry County High School in Tennessee. Bushart was arrested late at night, charged with threatening mass violence at a school and held on a $2 million bond. Prosecutors dropped the charge in October 2025. He subsequently filed a federal civil rights lawsuit alleging violations of his constitutional rights. On May 20, 2026, the parties announced an $835,000 settlement, resolving the lawsuit without a trial or an admission of wrongdoing by the defendants. The case became a significant example in the debate over political expression, social media and the limits of police authority under the First Amendment.

Who Is Larry Bushart?

Larry Gene Bushart Jr. is a retired law enforcement officer from Lexington, Tennessee, who became nationally known after his arrest over a Facebook meme in September 2025.

According to his attorneys and the Foundation for Individual Rights and Expression (FIRE), Bushart spent 34 years working in law enforcement and served 24 years in the National Guard.

After retiring, he remained interested in political discussions and regularly participated in online conversations, including sharing political memes and commentary on Facebook.

At 61, he was no longer serving as an active police officer when the controversy began. He had also taken a post-retirement job in medical transportation.

His arrest transformed what began as a local dispute over a social media post into a national constitutional controversy involving the First Amendment and the criminalization of political speech.

The Charlie Kirk Assassination and the Facebook Post

The events leading to Bushart's arrest began with the assassination of conservative political activist Charlie Kirk on September 10, 2025.

Kirk was fatally shot while speaking at an event at Utah Valley University in Orem, Utah. His death triggered an intense national debate, with supporters organizing memorial events and others commenting on the broader political implications of the killing.

Ten days later, on September 20, Bushart came across a Facebook post promoting a candlelight vigil for Kirk in nearby Perry County, Tennessee.

He responded by sharing several political memes expressing his disagreement with what he considered excessive public attention surrounding Kirk's death.

One image in particular became the focus of the subsequent criminal investigation.

What Did Larry Bushart's Meme Actually Say?

The meme featured a photograph of Donald Trump alongside the statement, "We have to get over it."

It also included the caption, "This seems relevant today..." and attributed the quotation to Trump's comments following a January 2024 school shooting in Perry, Iowa.

The original incident involved Perry High School in Iowa, where a sixth-grade student was killed and several other people were injured.

Trump's quoted remark was made in the aftermath of that tragedy, and the meme used it to criticize the political reaction to another public killing.

Importantly, Bushart did not create the image, write its original caption or alter its content. He shared an existing meme that was already circulating online.

The context was central to the legal dispute because the image explicitly referred to a real school shooting in Iowa, rather than announcing or threatening another attack.

Why Did Perry County Authorities Consider It a Threat?

The controversy arose because two schools shared similar names.

The meme referred to Perry High School in Perry, Iowa. However, Perry County, Tennessee, also has a school called Perry County High School.

Sheriff Nick Weems said residents could interpret Bushart's post as referring to their local school and potentially view it as a threat of future violence.

Weems maintained that his responsibility was to protect students, teachers and families in the community.

However, according to the federal complaint filed by Bushart, the sheriff and investigator Jason Morrow already knew that the meme referred to the 2024 shooting in Iowa.

The complaint alleged that Weems later acknowledged in a media interview that investigators understood the reference was to a different school in another state, approximately 695 miles away.

Despite that knowledge, the lawsuit alleged that the important context was omitted from the affidavit used to obtain the arrest warrant.

FIRE also said that public records requests failed to produce evidence supporting claims of widespread alarm among local students, parents or school officials. The school district reportedly had no records concerning Bushart or the meme.

These allegations became central to the civil rights case. They should be distinguished from a judicial finding because the lawsuit was ultimately settled without a trial.

Larry Bushart's Arrest at 11:14 p.m.

According to the federal complaint, Bushart was arrested at approximately 11:14 p.m. on the night following his Facebook post.

Lexington police officers carried out the arrest at the direction of Sheriff Weems.

Investigators relied on an affidavit prepared by Jason Morrow to obtain a warrant alleging that Bushart had threatened mass violence at a school.

Bushart was charged with recklessly threatening mass violence at a school, a felony offense under Tennessee law.

His bond was set at $2 million, an amount he could not afford.

As a result, he remained in custody for 37 days while the criminal case proceeded.

Video of the arrest later became part of the public discussion. Bushart told the arresting officer that he had not made a threat.

The footage attracted attention from free-speech advocates, particularly because the underlying post was a political meme referring to a historical shooting in another state.

What Did the 37 Days in Jail Cost Him?

Bushart's incarceration affected both his professional and personal life.

According to his attorneys, he lost his post-retirement employment in medical transportation because he was unable to work while detained.

He also missed his wedding anniversary and the birth of his granddaughter.

These consequences were included in the damages described in his subsequent federal lawsuit.

His attorneys argued that the arrest and prolonged detention caused substantial financial, emotional and personal harm.

The case also raised concerns about the potential chilling effect of criminal investigations on political expression. Bushart's lawyers argued that his experience could discourage ordinary citizens from participating in public debate online.

Why Were the Criminal Charges Dropped?

After spending 37 days in jail, Bushart was released in late October 2025.

The district attorney moved to dismiss the felony charge, ending the criminal prosecution.

The decision came after the arrest attracted national attention and free-speech organizations questioned the legal basis for treating the meme as a criminal threat.

The dismissal meant that Bushart would no longer face prosecution over the Facebook post.

However, it did not automatically determine whether the sheriff, investigator or county had violated his constitutional rights.

That question became the subject of a separate federal civil rights lawsuit filed in December 2025.

Larry Bushart Filed a Federal First Amendment Lawsuit

On December 17, 2025, Bushart filed a civil rights complaint in the United States District Court for the Western District of Tennessee.

The defendants were Perry County, Sheriff Nick Weems in his individual capacity and Investigator Jason Morrow in his individual capacity.

He was represented by attorneys from FIRE and Phillips & Phillips, PLLC.

The complaint alleged violations of three constitutional amendments:

  • First Amendment: Protection of political expression and freedom of speech.
  • Fourth Amendment: Protection against unreasonable searches and seizures, including an allegedly unlawful arrest.
  • Fourteenth Amendment: Constitutional protections involving due process and related civil rights claims.

The lawsuit was brought under federal civil rights law, including 42 U.S.C. Section 1983.

Bushart's attorneys argued that the meme was protected political expression and that authorities had no sufficient legal basis to treat it as a genuine threat.

They also alleged that important contextual information was deliberately omitted from the warrant application.

The complaint sought compensation and other relief for the constitutional violations it alleged.

Understanding the First Amendment and Political Memes

The First Amendment to the United States Constitution protects freedom of speech, freedom of the press, religious liberty, peaceful assembly and the right to petition the government.

Political speech receives particularly strong constitutional protection in the United States.

That protection generally extends to controversial opinions, criticism of political leaders, satire, political cartoons and memes shared on social media.

However, the First Amendment does not protect every statement in every circumstance. Legally established true threats and certain other categories of speech may fall outside constitutional protection.

The central legal question in Bushart's case concerned whether the meme could reasonably be treated as a genuine threat of violence against a Tennessee school.

His attorneys argued that the post was clearly political commentary because it quoted Trump's response to an actual school shooting in Iowa.

The dispute therefore highlighted the importance of context when government authorities assess potentially threatening online speech.

The $835,000 Settlement Announced on May 20, 2026

On May 20, 2026, Bushart and the defendants announced an agreement resolving the federal civil rights lawsuit.

Under the settlement, Bushart was to receive $835,000 in exchange for dismissing his complaint.

The agreement covered Perry County, Sheriff Nick Weems and Investigator Jason Morrow.

According to the settlement reporting, the payment would be made on behalf of the defendants through the Local Government Property and Casualty Fund, the insurance-related fund covering local government liabilities.

The parties had previously been scheduled to proceed toward a federal jury trial. The settlement eliminated the need for that trial to take place.

Bushart said he was pleased that his First Amendment rights had been vindicated and that he could move forward with his family.

FIRE described the agreement as a significant victory for free expression and an important warning to government officials about the consequences of restricting protected political speech.

Did Perry County and the Sheriff Admit Wrongdoing?

Despite the $835,000 payment, the settlement did not include an admission of wrongdoing by Perry County, Sheriff Weems or Investigator Morrow.

The defendants agreed to resolve the lawsuit financially without conceding that their actions violated the Constitution.

In a joint statement, Weems emphasized that protecting children remained one of his most important responsibilities and said he was pleased that the dispute had been resolved.

This distinction is important when evaluating the outcome.

A settlement is an agreement between parties to resolve a legal dispute. It is not automatically equivalent to a judicial ruling that establishes liability or finds a defendant guilty of misconduct.

There was no federal jury verdict determining the merits of Bushart's constitutional allegations because the parties settled before trial.

Nevertheless, the agreement provided substantial financial compensation following Bushart's 37 days in custody.

Who Paid the $835,000?

The settlement specified that the Local Government Property and Casualty Fund would pay the $835,000 on behalf of Perry County and the individual defendants.

This is an important distinction because the agreement did not describe the payment as a personal contribution from the sheriff or investigator.

The fund provides coverage for certain liabilities involving local government entities and officials.

Consequently, the financial resolution was handled through the relevant local government coverage arrangement.

Why the Larry Bushart Case Matters Beyond Tennessee

The Bushart case became part of a wider national debate about political speech following Charlie Kirk's assassination in September 2025.

In the aftermath of the killing, numerous Americans faced employment consequences or public criticism over their social media reactions.

Bushart's case stood out because it involved a criminal arrest, felony charge and 37 days of incarceration rather than only workplace disciplinary action.

It raised an important question: how far can authorities go when interpreting controversial political expression as a potential threat?

Public officials have a legitimate responsibility to investigate credible threats against schools and other public institutions. However, they must also respect constitutional protections when evaluating speech.

The case illustrates why context, evidence and the legal definition of a true threat matter when police investigate online statements.

It also demonstrates that government officials may face significant financial consequences when their actions are challenged through federal civil rights litigation.

Where Does the Larry Bushart Case Stand in 2026?

As of November 2026, the federal civil rights lawsuit has been resolved through the $835,000 settlement announced on May 20, 2026.

The original felony charge had already been dismissed in October 2025, following Bushart's 37-day detention.

The civil agreement brought the dispute involving Bushart, Perry County, Sheriff Nick Weems and Investigator Jason Morrow to a close without a jury trial.

No judicial verdict established that the defendants were liable for the constitutional violations alleged in the complaint, and the settlement did not contain an admission of wrongdoing.

Nevertheless, the case remains a significant example of the tension between government efforts to protect public safety and the constitutional right to express controversial political opinions.

For Bushart, the settlement provided financial compensation and an opportunity to move forward after an arrest that began with a Facebook meme.