PERRY COUNTY, TENNESSEE — Tennessee officials will pay $835,000 to settle a federal lawsuit filed by Larry Bushart, a 61-year-old retired police officer who spent 37 days in jail after refusing to take down Facebook memes related to the killing of Charlie Kirk. Bushart agreed to dismiss the lawsuit in exchange for the settlement.

Bushart filed the lawsuit in December against Perry County, its sheriff, and the investigator who obtained the arrest warrant. He was arrested in September after declining to remove the memes, and authorities dropped the felony charge against him in October. His bail had been set at $2 million before his release.

The meme that prompted the arrest featured an image of President Trump overlaid with the quote "We have to get over it," along with an explanation that Trump made the remark one day after a January 2025 shooting at Perry High School in Iowa that left two people dead and six others injured. Bushart posted the meme, which he neither created nor altered, on a Facebook thread promoting a vigil for Kirk in Perry County. Some residents interpreted it as a threat against Perry County High School in Linden, Tennessee.

Perry County Sheriff Nick Weems said he was aware the meme referred to the school in Iowa, and acknowledged that most of Bushart's memes were lawful free speech, while stating that residents were alarmed by the post. "Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community," Weems said.

While jailed, Bushart lost his postretirement job, missed his wedding anniversary, and missed the birth of his granddaughter. According to a press release, the settlement will help ensure that Bushart and his wife have a comfortable retirement.

The Foundation for Individual Rights and Expression helped represent Bushart in the lawsuit. "It's in times of turmoil and heightened tensions that our national commitment to free speech is tested the most. When government officials fail that test, the Constitution exists to hold them accountable. Our hope is that Larry's settlement sends a message to law enforcement across the country: Respect the First Amendment today, or be prepared to pay the price tomorrow," said Cary Davis, an attorney for the foundation. "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," said Adam Steinbaugh, a senior attorney for the foundation.