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A settlement has been reached in the case of a Tennessee man who was arrested and charged with making threats of mass violence in connection with a series of social media posts he made about conservative activist Charlie Kirk's assassination.Larry Bushart, from Lexington, Tennessee, is a former police officer with the Huntingdon Police Department who was arrested on Sept. 22 and charged with making threats of mass violence on school property and activities after posting a photo of a President Donald Trump quote in the Facebook comments of a Perry County community group page.He was held on $2 million bail for more than a month, causing him to lose his job in medical transportation due to his incarceration, and miss his anniversary and the birth of his grandchild, according to his lawyers. After significant pushback from community members and state officials, Bushart was released on Oct. 29 and the district attorney dropped all charges.In December, he filed a federal civil rights lawsuit accusing Perry County, Perry County Sheriff Nick Weems and Perry County Sheriff’s Investigator Jason Morrow of violating his First Amendment and Fourth Amendment rights.On May 20, a settlement was reached in the case, according to a news release by the Foundation for Individual Rights and Expression, which represented Bushart.In a joint statement, the parties announced that Bushart will receive $835,000 in exchange for dismissing his complaint. The settlement does not include any admission of wrongdoing on the defendants' parts."I am pleased my First Amendment rights have been vindicated," said Bushart in the statement. "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."The settlement ends a legal fight that captured headlines nationwide in the wake of Kirk’s assassination and the subsequent wave of First Amendment lawsuits as people commented on his death."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 FIRE senior attorney Adam Steinbaugh. "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."The Tennessean, part of the USA TODAY Network, has reached out to the Perry County Sherriff’s office for comment.Settlement ends case focused on free speech onlineBushart was arrested after sharing a picture in a Perry County community group page planning a vigil for Kirk, following Kirk’s Sept. 10 killing.The picture depicted Trump saying, "We have to get over it," a direct quote from the president after a January 2024 school shooting in Perry, Iowa, that left one dead and seven wounded.Bushart was arrested hours later by Lexington Police at the direction of Perry County Sheriff Nick Weems, who told The Tennessean that Bushart posted the picture "to indicate or make the audience think it was referencing our Perry High School.""This led teachers, parents and students to conclude he was talking about a hypothetical shooting at our school," he said. "Numerous reached out in concern."A cross-referencing of the photo done by The Tennessean found this image to be posted numerous times across multiple social media platforms not connected with Bushart going back to 2024.According to Weems, "investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community."Steinbaugh previously told The Tennessean that he filed a series of records requests with Perry County Schools asking for any communications that would paint a better picture of the hysteria that Weems said Bushart’s post caused.According to Steinbaugh, they had none. The school said "the sheriff handled that case and there are no records." In addition, according to Bushart’s lawsuit, Perry County and Weems refused to respond to multiple public records requests seeking any information that would show the public reaction to Bushart’s statements.But in filings responding to Bushart, the defendants denied that Bushart’s speech was protected by the First Amendment and stated that even if the sheriff’s department had violated Bushart’s constitutional rights, the officers would have no way of knowing that.The closure of the case leaves just one more Tennessee First Amendment lawsuit represented by FIRE in the wake of Kirk's death — that of Monica Meeks, a former employee of the Tennessee Department of Commerce and Insurance and state representative candidate, who was fired after responding to a friend’s social media posts about Kirk."It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most," said FIRE staff attorney Cary Davis. "When government officials fail that test, the Constitution exists to hold them accountable. Our hope is that (Bushart's) settlement sends a message to law enforcement across the country: Respect the First Amendment today, or be prepared to pay the price tomorrow."The USA TODAY Network - The South region's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.Have a story to tell? Reach Angele Latham by email at alatham@gannett.com, or follow her on X at @angele_latham
