PERRY, TN — A retired police officer who was detained for 37 days in Perry County, Tennessee, under a $2 million bond for posting a meme on Facebook critical of far-right nationalist, Charlie Kirk, as well as President Donald Trump, is suing the county, the county’s sheriff Nick Weems, and a county investigator Jason Morrow, claiming that they violated his First and Fourth Amendment rights. The lawsuit states that Weems allegedly directed local police to arrest retired officer Larry Bushart. However, Weems and Morrow “understood” the meme “as political commentary on the debate about guns in America, but orchestrated his arrest anyway.” Bushart is requesting a trial by jury, seeking both monetary and punitive damages for the alleged violations of his First Amendment right to free speech and his Fourth Amendment right against unlawful seizure.
“I spent over three decades in law enforcement, and have the utmost respect for the law,” Bushart said in a statement. “But I also know my rights, and I was arrested for nothing more than refusing to be bullied into censorship.”
Although the criminal charges were eventually dropped, Bushart, who is the primary breadwinner for his household, still lost his post-retirement job due to his time in jail. Bushart said he also missed his wedding anniversary and the birth of his grandchild. The allegedly unlawful arrest and over a month-long detention of Bushart stands to exemplify the heavily censored and volatile political climate that followed hard-right, Christo-nationalist Charlie Kirk’s murder during an outdoor event at Utah Valley University on September 10.
Ten days after Kirk’s murder, Bushart shared a meme regarding a vigil being held in Perry County, Tennessee, quoting a 2024 comment made by Trump following a shooting committed at Perry High School in Des Moines, Iowa. The meme quotes Trump saying, “We have to get over it,” referencing the Iowa school shooting, with Bushart commenting the quote, “seems relevant today,” referencing the vigil for the alt-right nationalist Charlie Kirk.
The next day, in the dead of night, four officers came to Bushart’s home, where they arrested and jailed him for “threatening mass violence at a school.” Weems office claimed at the time that some residents might have interpreted the meme as a threat to the county’s high school, Perry County High School. This was despite the meme referencing something that happened last year, at a different school, in a different city, in a different state.
In an interview with Channel 5 News, Weems said the post caused “multiple people” to become “scared to send their kids to school,” though he acknowledged his office knew the meme referenced a past shooting, but said that “the public did not know.” The extremely important context of Weem’s office knowing the meme was not legitimately threatening mass violence was also left out of the warrant application.
Despite Weems insisting Bushart’s post caused “mass hysteria,” the Foundation for Individual Rights in Education said Perry County school district has no records of any complaints about the post. Perry County and Weems have also refused to respond to multiple public records requests for evidence of this “mass hysteria,” and no Facebook responses to Bushart interpreted his post as a threat. Bodycam footage indicates the arresting officer seemed confused about the arrest himself.
“So I’m going to be completely honest with you, I have really no idea what they’re talking about,” he said. Later, bodycam footage shows Bushart saying he “threatened no one,” saying “I may
have been an asshole but…” “… that’s not illegal,” the officer finished for him.
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