Larry Bushart, a 61-year-old retired Tennessee police officer, was jailed for 37 days after posting Facebook memes related to the assassination of conservative activist Charlie Kirk [1, 2, 3]. He was arrested in September 2025 for refusing to remove a meme featuring President Donald Trump with the phrase "We have to get over it." The phrase originally referred to a 2024 Iowa school shooting but was misinterpreted locally as a threat to Perry County High School in Tennessee [1, 2, 3].
Bushart's bail was set at $2 million. After spending more than a month in jail, the felony charges were dropped and he was released in October 2025 [1, 2, 3]. The incarceration caused Bushart to lose his post-retirement job, miss his wedding anniversary, and miss the birth of his granddaughter [1, 2, 3].
The controversy dates back to a 2024 comment by Trump following the Iowa school shooting, when he said, "We have to get over it" [1, 2, 3]. Charlie Kirk was assassinated at Utah Valley University in September 2025, shortly before Bushart's arrest on related Facebook posts [2].
Perry County Sheriff Nick Weems acknowledged that most of Bushart's posts were protected free speech but said investigators believed Bushart intended to cause hysteria in the community with the meme [1, 2]. "Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community," Weems said [2].
The Foundation for Individual Rights and Expression (FIRE), representing Bushart, called the arrest warrant "absurd" and said it was based on a false notion that the meme was a credible threat. Adam Steinbaugh, FIRE senior attorney, 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" [3].
Tennessee officials, including Perry County authorities and law enforcement involved in the arrest, agreed to settle Bushart's federal lawsuit for $835,000, though one report from Fox News cited $850,000 [1, 2, 3]. Bushart said: "I am pleased my First Amendment rights have been vindicated. 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" [1].
