Tennessee Officials Find Out About First Amendment The Hard Way
They have to pay retired cop Larry Bushart $835,000 for sharing a post disparaging Donald Trump after Charlie Kirk’s assassination, which it turns out is not illegal.
We’re hearing a lot this week about how the DOJ is going to take over a billion dollars of our tax money and give it to those whose feelings were, like, really hurt when they got in trouble just for doing a little insurrection and maybe pooping on Nancy Pelosi’s desk. So you know what we need? We need a palate cleanser. And, thankfully, the state of Tennessee has deigned to provide us with one. Rejoice!
Officials in the state will have to pay 61-year-old retired police officer Larry Bushart $835,000 in restitution after having imprisoned him for 37 days over a meme he shared to Facebook following the death of Charlie Kirk — which caused him to lose his job and miss both his wedding anniversary and the birth of his granddaughter.
Bushart was arrested back in September after he refused to take down a bunch of posts disparaging Kirk after his assassination, specifically over one that actually just criticized Donald Trump. Because, reportedly, people in his community thought it meant he was threatening to shoot up a school, as I guess they are not very good at reading comprehension.
The post he shared in the Perry County, Tennessee, community Facebook page was a meme that existed long before Kirk was assassinated and featured a picture of Donald Trump along the famous words of comfort he shared after the 2024 school shooting in Perry, Iowa: “We have to get over it.”
Yes, just one day after 17-year-old Dylan Butler shot eight people, injuring six and ultimately killing two (a sixth-grader died the day of, the school principal died 10 days later from his injuries), Donald Trump said to Iowans at a campaign event in Sioux Center, “It’s just horrible — so surprising to see it here. But we have to get over it. We have to move forward.”
You know, because godforbid we start thinking that gun control might be a good idea.
Anyway, the aforementioned not-very-good-at-reading-comprehension people saw the meme and thought that this was Larry Bushart threatening a mass shooting at Perry High School in Tennessee. Or at least claimed that they did.
Via The Tennessean:
Perry County Sheriff Nick Weems told The Tennessean in September that participants on the page were planning to host a Charlie Kirk vigil in Linden, Tennessee on Sept. 23.
Bushart posted multiple photos in the comments referencing Charlie Kirk’s death, which Weems called “hate memes,” but stated were “not against the law and would be recognized as free speech.” […]
Weems said 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.”
According to the statement, “investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community.”
Yeah, I’m pretty certain that was not at all the point of posting that meme. It seems fairly clear that Bushart had the same reason for sharing it as the millions of other people who shared it that week had — to point out how very callous Trump has been when people who are not his rabid supporters are killed. Nevertheless, Bushart was arrested, held on $2 million bail and imprisoned for over a month.
Weirdly enough, however, the Constitution does not actually have any kind of clauses specifying that the First Amendment can be thrown out the window in cases involving the hurting of Republican feelings, so now the officials involved with his arrest have to pay.
“It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most,” said Bushart’s attorney, Cary Davis of the Foundation for Individual Rights and Expression. “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.”
Yes, and while many conservatives believe that the First Amendment only exists to keep other people from calling them assholes on social media or kicking them off social media sites for being assholes, it’s actually meant to keep the government from punishing people for speech — which is why these government officials now owe Larry Bushart almost one million dollars. Whoops!
Scottie's Playtime 
Hi. My question is who will pay the restitution? Will it be the sheriff who abused his authority to push his maga no one can insult maga figures position on to the public by illegally arresting someone or the city taxpayers who will foot the bill as normal? Often police departments will get fined or sanctioned and the city / town will have to cough up the money so it never affects the police themselves. If it came from the police budget or better yet the police retirement / entertainment / nice stuff for their use funds then the police officers / staff would have incentive to change their behaviors. The way it is now with their illegal actions having no consequences for them personally they have no reason to change their behaviors and instead it is a quiet approval for their horrific treatment of the public or violation of people’s civil rights. Hugs
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I don’t recall the specifics to this case, but frequently a local governing body will have a fund or some insurance for this sort of situation. Frequently they don’t. Either way, it is paid by citizens, because a city’s revenue comes from citizens.
That doesn’t make this bad. It’s supposed to keep citizens paying attention to their governments, making certain that these situations don’t arise in the first place.
I don’t know if it works, or not. I guess we’ll see.
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Meaning that if the tax/ratepayers don’t like paying this, they’ll demand training and firing of the guilty officer. That’s what people are supposed to do when the rare bad apple slips through professional hiring procedure.
(Yeah, I know that’s presuming a lot. But it’s how things are supposed to work.)
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Also, I should have led with this, but I know your energy is limited, and wanted to try to answer your question. It is very good to see you here, Scottie! I hope your general well-being is improving. 💖
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Hi Ali. Thank you for replying. I understand your desire that the people would have some authority over the police in their community. But sadly in big cities the police unions have become so strong and so threatening to the political leaders that often any attempt to reform the police is not even tried due to the police threats to the governing politicians / leaders which include simply stopping arresting people or investigating crime so the issue becomes a political one.
Ali as to my health I had a set back today. Yesterday I slept all morning and got up for 4 hours in the afternoon, ate a small delicious supper, and went to bed. Today I got up and Ron made waffles for breakfast. I had one but he cooked a second one for me that I couldn’t eat. They really are good. I finished the cartoon post and then I went to bed after and slept until 1:30 pm. Then I got up and tried to function. I took a shower and showed Ron how the shower head / wand handle had bruised my hand. He sat me down and said “Scottie we have to face the fact that something is very wrong with you right now”. I agreed and went back to bed. I got up at about four. I ate a good supper and tried to finish the cartoons / memes / news post for tomorrow but I am too tired and after I reply to you and Judy I am going to bed.
You asked if I am improving. I feel I am but Ron is not so sure. I was having a good part of the day and two to three in bed days. I feel I have moved to a good part of the day to having two bad in bed days. I feel I am eating more but Ron has me drinking the nutrition shakes that Judy suggested for every meal I miss. I feel I have more energy and wake up earlier some mornings like I used to. The problem is like this morning and yesterday also, I wake up at 4, go pee and go back to bed telling myself that if I don’t go back to sleep soon I will get up. Then fall asleep until 6:30 or 7 am. I wish I could reassure you more. I feel I am scaring you. I don’t want to. Also I am torn between doing the posting and replying to comments. I realize I need to post to have comments to reply to but if I post I am too tired to reply to the comments.
But don’t worry. I am going to bed now. I saved the comments to reply to in the morning. I wont get the post out but that is OK as well. It may come down to me sending the files of them to you or Randy to do if I stop being able to be on the blog. Thanks for you being you. Hugs
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Scottie, Scottie, Scottie. You’re not scaring me, I am as everyone who reads here, worried for you. I agree with Ron that something is very wrong. It has been very wrong for a long time. I’m frankly surprised, with the way you’ve been eating for the past over-3 months (WP gives me a daily number for my streak of posting, again, so I know how long. 😉) that you’re still functioning at all. I’m thankful that for whatever reason, you’re still with us after living on so few calories for so long.
So, yes, we’re all worried, though not scared. I’m thankful you’re you, too, but I want you to decide to get better, and let Ron get you in and insist on what needs to be done (I know he’s fully aware what that will be, him having nursing experience as you’ve mentioned) for you. Like no later than Tuesday.
But, as I always say, not bein’ bossy. And don’t worry. My schedule has changed some, but I’ll still be posting. Maybe a few fewer and at different times, but I’ve got it worked out. I’m certain, though, that I’m not the only reader here who wants to see you, Scottie, posting in your former form!
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Hi Ali. We figured out what was bruising my hand. It was one of my canes. Because I am using them in the house all the time now and needing to put so much weight on them to walk my hand is bruising. It never did that ever before though. I think a lot of it is the pain I am in and it is wearing me down a lot and quickly during the day. But like this morning I got up and my blood sugar was 76, showered / dressed and had a shake. After drinking the shake I got so tired I went back to bed for an hour. But the pain in my right leg got so bad I got up, and I even had half a bowl of soup. I have an appointment for my pain doctor on June 1st. Hopefully they can help me. On July 2nd I have an appointment with my primary care. I am not sure if I should write the doctor about how tired I am and that I have no appetite. I do eat at least one meal a day even if it is only a little bit. But Ron noticed I have cut way back on even the soda I normally drink, a caffeine free diet cola. But I think as best I can figure it I have a couple of good days with more energy and a bad day of no energy. I am trying to work up to eating at least twice a day. But Judy made a point of disassociating, and I asked Ron this morning if it could also be emotional. When I go to bed a lot of the time I don’t really sleep but mostly just rest or doze off and on. I remember that when I had my break / shut down in March of 2014 I would just lay on the bed all day waiting to stop existing. I don’t feel like that is the case now, but I have to entertain the possibility that along with the pain that the nightmares, intrusive thoughts, and memories are part of what is making me feel weak and tired. But I have to just keep trying to move forward and get better. Ron is out of ideas. He is not sure what I should do right now. Hugs
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I probably should send you an email, because I have an idea. Sending it now.
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It should be in your mailbox now, Scottie.
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Hi Ali. I got it and replied. My reply was full of hope. Sadly it did not go well and I spent a lot of the day in bed. Ron and I talked and I will be sending my doctor a note as Ron is now very upset and at a loss how to help. He has become scared and not sure how much is physical, emotional from recent things, or depression from my past abuse. But today was better. I got up a bit earlier than Ron for once, and after a couple of hours I had a nutrition shake as I have not been able to eat in the morning. I had eaten a small lunch yesterday after being in bed most of the morning. For supper last night I had five to 8 bites of the spaghetti with tomato sauce and meatballs I had made a few days earlier on a good day.
So this morning I had the shake and as has been happening due to my stomach building pressure that 5 to 10 minutes after I got feeling bad and nauseous. Just like yesterday and the days before I went to bed. Today it only lasted an hour and I was able to force myself up.
Ron had told me as soon as I got feeling hungry to tell him and the steak he had marinated for me to have several days ago he would make for me with a small salad and a couple of slices of buttered bread. I told him around 11 after my stomach built up enough pressure from being empty that I suddenly got nauseous and belched a bunch of gas. That made me feel better after getting the gas out. He made lunch.
I could only eat nearly half the steak with the mushrooms he added in a bowl and most of the salad along with the bread. It stayed down and even though it made me tired I did not go to bed. In fact I got sort of hungry so talked to Ron about supper. But before we could come up with a plan the hungry feeling passed and my taking food shut down. So he is eating and I am typing at my desk. He is happy I ate the lunch and stayed down. I had hoped to be able to eat supper. But while I feel yesterday was a wash, I think today was a success. With two caveats.
I did not get the cartoons / memes / news roundup done again today. I did manage to avoid reading much news which someone like Ron would say is good for me. Also my other goof / screw up is I spent so much time replying to comments I did not get time to patient portal message my doctor with what Ron and others seem to want me to tell my primary care doctor. I am worried as I see him in a month on July 2nd that to send anything now will cause more issues than I want to open. He is pushing me to allow invasive procedures that cause me great distress. He understands this and has said he will drop the subject if I reject them, but … he thinks they are nessasay. My question is if it is based on my health and blood tests or if they got a memo that week / month to ask patients to take that test. It bothers me. I hate to think he would do the corporate stooge thing but it is a physician owned / provider practice.
Anyway that is the update to my email. Some steps forward but not as much as we all want. I am tired but just took my 6 am medications and ordered all my new medications from the pharmacy. I have allergy shots tomorrow instead of friday and Ron is going to take me and my walker. The sciatic nerve has gotten so bad that unless I overmedicate I can’t walk more than five steps or stand more than 2 minutes. Yes I have timed them as I was worried if I could do this appointment alone.
It worked out that he wanted to check out the flooring place for new flooring for the new my office / possible family room. And he wanted to be able to take me to see it if he found something. I have not decided on the wall colors I wanted yet so I asked how I could pick the floor but he is putting all the stuff in storage so he can put up new wall panels to paint what ever color I want. I am going back and forth between a nice soft blue, a nice soft yellow like sunshine, or a soft coral. I orginally wanted a soft green like mint but then Ron warmed to the idea of painting the outside of the house a light green of some kind.
So I have some thinking to do as he is on a tear to move on that room before doing anything else. I suspect he is desperate to help me right now and he remembers what the doctors told him in the 2014 year long depression where I refused to leave the bedroom for anything other than mandated doctor’s appointments and at first lay on the bed waiting for the end of my being. Then my pain doctor had him get me interested in doing something in the bedroom, moving to more complex things and eventually getting me out of the house. I will send you an email on it if you like. It was a project of love between my doctors, Ron, and Randy who gave up so much of his needed sleep time to ensure I was not cutting myself or giving up entirely.
Crap just realized I put a thought in your head along with anyone who reads the comments. I am not self harming! I promised Randy I wouldn’t do that without telling him I started again. I am not in bed waiting to stop being. I am there because I am very fatigued or in a lot of pain. I already do have something I love doing to bring me out of the bedroom, and that is this blog. It is Scotties Playtime, and the people who come here to leave me their thoughts / comments that I can reply to, and all the wonderful posts Ali and Randy make which I am so grateful for even if I don’t have the strength to read all of them. I feel they are the life blood of Playtime, and I really enjoy those I can read / watch. Hugs
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I saw you replied, and I think I replied again, myself. No worries.
All you can do is the best you can do. We’re all pulling for you, Scottie! 💖
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Hi Ali. I do appreciate your concern and I love that you care so much. I feel guilty for causing you distress. I am trying to do what is needed to get better and I am thinking clearly enough to understand that my thinking has been clouded and there are times I am not processing the information in the needed way.
But the fact is I knew if it was anemia it would take time for my blood to return to normal. I would be tired. However It was strange how deeply tired I really got. Add to that my stomach acting up due to lack of steady diet and got to where it wouldn’t accept food and built up gas pressure causing me to vomit occasionally. That set my recovery back a lot. Ron was pushing me to tell my primary care so he would prescribe something to make me eat. Ron claims my beard hides it but my face has gotten gaunt. I don’t see it and the scale says I have gained back some weight.
I have had two rather good days. On Wednesday I could not eat breakfast so I waited until about 11 when Ron made me a good steak,a ouple slices of buttered bread, and salad. I was able to eat all the bread, all the salad and half the steak. I felt crappy for an hour or more after but gradually felt Ok and stayed up until normal time. I couldn’t eat supper. Thursaday I again couldn’t eat breakfast and got my allergy shots. For lunch we had baked buffalo chicken and french fries. I ate a good amount but then got really sleepy so went to bed after lunch at about 2:30 / 3 pm. Sadly I stayed in bed until this morning at 6 am. That was 15 hours of sleeping. AndI missed supper. Yet I don’t feel hungry even now.
In my defense after my shots which take a lot out of me we went to the flooring and wall decor store that sells flooring and tiles of all kinds. We took my walker as I really can’t walk more than ten steps until the pain builds to where I can’t put pressure on my right leg. So I sat on the walker and Ron pushed me around the store. Ocationally I would get up and walk using the walker. So I was tired out to begin with. I got up this morning lear headed and feeling energetic except for not being able to walk.
A bad thing is my pain clinic called and left a message while I slept yesterday. They are moving places / buildings. They are saying in the message they left that my visit will be telehealth over the phone. I was depending on trigger point injections to help me walk with the sciatica. I have to call them this morning and try to figure out an in person visit. So that is the news on my current health. If the pattern holds today I will wear out early. But I don’t seem to be tired / fatigued right now. I am in a lot of pain but hopefully I an handle that.
Thank you for your support and caring about me. I will write you an email on an important issue I don’t want to put in the public view yet. I will do that some time this morning. Also this morning we have to pick up our car from the repair shop. Hugs
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Hi, Scottie. I’ll await your email. As to the remainder, I know you’re doing all you can to do the right things for yourself, and it all is what it is.
Here’s to your car being just fine now! I remember that discouraged you, a little while back.
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Hi Ali. On the car they called last night. There is a problem they can’t fix. The camera for the adaptive cruise control keeps faulting out. Ron has had that problem for a while now. Only he uses it and he has not had the car on a trip for a while so it has not been of importance. But they told him since they can’t fix it we need to take it to the ford garage. I will address that part of the problem in the email as well. I want to get the car and have lunch before I write it. Hugs
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OK. Now, I started this week at the animal shelter; I go in just after 2 (I think that’s 3 your time.) Anyway, I probably won’t get back here until after 5, and maybe after 7 because of supper. But I’ll be back on it, so don’t worry.
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Hi Ali. I did not get started on it until the afternoon. Then I got tired and just finished up with the cartoons / memes / news post for today. It is easier for me when tired than to write. I got up this morning and added a bunch to it but had to go lay down after eating breakfast. That is a great thing. I have for days only managed lunch and only two days really staying up without going to rest. Today I have had two meals. If I eat the third it will be a grand improvement. But I want to do replies before I finish. I love that you are working at the animal shelter. That is grand. Hugs
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