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.

Robyn Pennacchia

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!