Larry Bushart, a 61-year-old retired law enforcement officer from Tennessee, made his move. Since going to jail for 37 days over a Facebook post, he has filed a federal lawsuit against Perry County and its sheriff, Nick Weems. Bushart’s comment on a Facebook post organizing a vigil for Charlie Kirk. His remarks were in response to a horrific shooting at Perry High School, Iowa that was the result of.
The controversy began when Bushart commented on a post featuring a photo of former President Donald Trump alongside a remark he made following the 2024 shooting: “We have to get over it.” Bushart captioned the image, “This feels pretty pertinent right now.” This comment resulted in his arrest and assignment to a juvenile detention center on charges of “threatening mass violence at a school.”
Nonetheless, after his arrest, Bushart was not able to pay the $2 million bond established by the court. Consequently, he has continued to be locked up. The criminal charges against him were finally dropped in late October, resulting in his release.
Bushart has brought that lawsuit with the assistance of the Foundation for Individual Rights and Expression (FIRE). He is looking for punitive damages in addition to compensatory damages. He is requesting a jury trial, which, if he receives it, will be the first in the history of the US.
Sheriff Nick Weems expressed his disapproval of the social media post. He said one of their community members’ biggest concerns was that they viewed it as a threat to Perry County High School. He noted that this interpretation created panic throughout the public. Millions of Americans felt panic-stricken to be able to send their developed to university.
“Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community,” – Nick Weems
The sheriff even suggested that there were threats made against Bushart. The Perry County public school district doesn’t have any records of any such incidents or threats related to his Facebook post. This absence of evidence is troubling, considering the burden to justify Bushart’s long-term detention would be on her.
Bushart doubled down, arguing that he was arrested for simply practicing free speech. He had great respect for the law, he said, but that was no excuse to not be heard — or intimidated into censorship.
“I spent over three decades in law enforcement, and have the utmost respect for the law. But I also know my rights, and I was arrested for nothing more than refusing to be bullied into censorship,” – Larry Bushart
Adam Steinbaugh, representing Bushart through FIRE, laid bare the implications of the arrest on free speech. He asserted that law enforcement should not be empowered to arrest people based on what he described as an “entirely false and contrived interpretation of a Facebook post.” This deeply chilling practice undermines First Amendment rights for us all.