Retired law enforcement officer Larry Bushart was released from Tennessee’s Perry County Jail on October 29 after prosecutors abruptly dropped felony charges stemming from a political meme he shared on social media. Bushart had been held for weeks on a staggering $2 million bond, a figure that sparked national outrage and a “Free Larry Bushart” campaign centered on First Amendment protections and alleged police overreach.
The Meme That Triggered a Felony Arrest
The legal saga began when Bushart posted an image in a local Facebook group titled “What’s Happening in Perry County, TN.” The meme featured Donald Trump with the caption, “We should get over it,” referencing the former president’s comments following a mass shooting at Perry High School in Iowa. Bushart added the commentary, “This seems relevant today…,” which he intended as political satire regarding a local vigil for Charlie Kirk.
Perry County Sheriff Nick Weems, however, characterized the post as a “true threat.” Despite the meme clearly referencing a specific historical event in Iowa, Weems alleged that Bushart intended to incite hysteria and threaten the local Perry County High School. This interpretation led to Bushart’s arrest under a July 2024 Tennessee statute that classifies threats against schools as a Class E felony.
Bodycam Evidence Contradicts Official Narrative
While Sheriff Weems initially claimed his department coordinated with Lexington police to give Bushart an opportunity to remove the post, bodycam footage obtained by The Intercept and NewsChannel 5 tells a different story. The recording shows a Lexington officer admitting he had “no idea” what the Perry County Sheriff was referring to, describing the request as vague concerns over “insinuating violence.”
In the footage, Bushart laughs at the absurdity of the police intervention, clarifying that the post was a meme and refusing to delete it. The Lexington officer, seemingly indifferent to the content of the post, proceeded with the booking. Later, a Perry County jail official was recorded laughing when Bushart asked if he was truly being charged with threatening a school, admitting, “I ain’t got a clue. I just gotta do what I have to do.”
The Chilling Effect of Tennessee’s New School Threat Law
Legal experts and First Amendment advocates have heavily criticized the Tennessee law used to incarcerate Bushart. Beth Cruz, a lecturer at Vanderbilt University Law School, noted that the statute has led to the arrest of 518 children in the past year alone, including dozens under the age of 11. Critics argue the law bypasses Supreme Court precedents regarding “true threats.”
The Supreme Court has historically maintained a high bar for criminalizing speech, warning that the internet increases the risk of overcriminalizing “upsetting or frightening speech” that lacks actual intent. While dissenting justices like Amy Coney Barrett and Clarence Thomas have suggested a “reasonable person” standard could be sufficient for prosecution, civil liberties attorneys argue that public overreaction is not a legal basis for silencing citizens.
Personal Toll and Pending Litigation
The arrest resulted in severe personal consequences for Bushart. During his weeks in custody, he lost his employment as a medical driver and missed the birth of his granddaughter. His attorney, Joshua Phillips, confirmed that Bushart is now preparing to file a lawsuit against the officials involved.
“A free country does not dispatch police in the dead of night to pull people from their homes because a sheriff objects to their social media posts,” stated Adam Steinbaugh, an attorney with the Foundation for Individual Rights and Expression (FIRE). While the Perry County Sheriff’s Office eventually deactivated its Facebook page following the backlash, Sheriff Weems maintained his stance that freedom of speech does not protect content that puts others “in fear of their well-being.”
Upon his release, Bushart immediately returned to social media, posting photos of his newborn grandchild before resuming his political commentary. His son, Taylor Bushart, emphasized that while the family is grateful for the support, the incident highlights a dangerous precedent for constitutional rights in Tennessee.
