Larry Bushart was charged with recklessly threatening mass violence at a school. He remained jailed until the charge was dropped.
A Tennessee man has reached a settlement that will see the sheriff’s office that jailed him for 37 days over a Facebook post he made following the assassination of Charlie Kirk pay $835,000.
The Perry County, Tennessee sheriff’s office had claimed that posts Larry Bushart made in the wake of the killing threatened violence, per the New York Times. One post made to a Facebook page advertising a prayer vigil for Kirk in nearby Perry County quoted Trump saying "We have to get over this" in the wake of a 2024 school shooting in Iowa. "This seems relevant today…." the original poster of the meme had written.
https://twitter.com/JoshuaLisec/status/2057101377218699768?s=20
Perry County Sheriff Nick Weems said that some in the county had perceived the post to be Bushart threatening the local high school. He was charged with recklessly threatening mass violence at a school. His bail was set at $2 million, and he remained jailed until the charge was dropped. The post was one of a slew of posts made by Bushart in the wake of Kirk’s killing, accusing Turning Point USA of spreading hate.
Bushart said in a statement following the settlement, "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."
Bushart filed a federal lawsuit in December, accusing Weems of willfully misinterpreting Bushart’s Facebook post. The sheriff’s department had asked the police department in Bushart’s hometown to dispatch an officer to Bushart’s home regarding the post. Bushart told the officer that he had not threatened anyone and would not take the post down. Bodycam footage captured the responding officer telling Bushart "I have really no idea" what a Perry County investigator meant by his "concerning posts … insinuating violence." Police arrested him later that night.
In October, Weems acknowledged that the meme had been circulating before Bushard shared it, and said he knew it was referencing an Iowa school shooting. However, he claimed that Bushart, a self-described "Facebook warrior," sought to incite hysteria with the post, and said it caused alarm.
A joint statement between the parties said that "Without admitting fault or liability on the part of the defendants, Perry County’s insurer has agreed to pay Mr. Bushart $835,000 in exchange for dismissing his complaint." Weems said, ""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. 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."
Adam Steinbaugh, a senior attorney with the Foundation for Individual Rights and Expression (FIRE), which represented Bushart, said, "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. 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."
Libby’s Desk
Commentary and must-reads from Libby’s desk, straight to your inbox.
TPM Newsletter
The Post Millennial’s top stories, delivered to your inbox.
