The Absurd Prosecution of a Man Who Posted a Charlie Kirk Meme

By the time the cops showed up to arrest him for sharing a derisive meme responding to the killing of Charlie Kirk, Larry Bushart Jr. had posted on Facebook more than 100 times on Sunday alone.

It was past 11 p.m. on September 21, and Bushart, 61, was still up with his wife at their home in Lexington, Tennessee, a small city halfway between Nashville and Memphis. It had been a normal weekend. On Saturday, they went to see a community theater performance of “Arsenic and Old Lace.” The next day, they moved furniture to prepare for a new carpet delivery. And, as he did almost every day, Bushart spent hours on his phone, posting on Facebook a torrent of liberal memes.

Born and raised in West Tennessee, Bushart worked as a police officer and sheriff’s deputy for 24 years, then spent another nine with the Tennessee Department of Correction before retiring from law enforcement last year. His politics made him an outlier among his neighbors. Like many people, he reserved his most strident opinions for the internet. On Facebook, Bushart slammed President Donald Trump and his followers, who he likened to a cult. He quarreled with vaccine skeptics and fought with election deniers. As things took a darker turn during Trump’s second term, Bushart posted memes decrying the president’s increasingly authoritarian moves. After Kirk’s killing on September 10, Bushart posted furiously, repeatedly, about why the right-wing activist did not deserve to be lionized — and warning about the escalating assault on free speech.

His posts were not limited to his own feed. That Saturday morning, in a Facebook group called “What’s Happening in Perry County,” Bushart spotted a thread about an upcoming candlelight vigil honoring Kirk in the county seat of Linden, a small town some 45 minutes away. He fired off a rapid series of trollish memes. One showed a scene from “The Sopranos.” “Tony, Charlie Kirk died,” Carmela Soprano says. “Who gives a shit,” Tony replies. Another quoted Kash Patel’s press conference after Kirk’s murder, where he said, “I’ll see you at Valhalla,” depicting the FBI director in a Viking costume and holding a rubber chicken. The most vulgar meme appeared to capture the moment Kirk was shot, accompanied by the words, “Release the Epstein Files.”

But it was a more innocuous post that would soon send Bushart’s life spiraling out of control. It was an image he had previously posted to his own feed to little response: a photo of Trump alongside a quote, “We have to get over it.” The meme, which had been circulating for more than a year, drew from remarks Trump made after a January 2024 school shooting in Perry, Iowa. Beneath the quote was a line providing context: “Donald Trump, on the Perry High School mass shooting, one day after.” Above the image were the words “Seems relevant today.”

If Bushart shared the posts to taunt those mourning Kirk, the reactions on the forum remained relatively mild. “Jeez Larry, take a stress pill or something,” one man commented. “Mow the lawn, get off the computer. A simple, concise statement like ‘I HATE Charlie’ would be sufficient.” Some of Bushart’s posts were received more positively; a meme arguing that “Billionaires fund the class war. Charlie Kirk sold it as a race war” got several likes. The Trump meme, meanwhile, was ignored.

By Sunday evening, however, the posts had gotten the attention of Perry County Sheriff Nick Weems. An avid Facebook user himself, Weems had shared the information about the Kirk vigil on his own page a few days earlier. He had also posted his own emotional response to the news of Kirk’s murder in September, warning ominously about the “evil” in our midst. “Evil could be your neighbor,” he wrote. “Evil could be standing right beside you in the grocery store. It could be your own family member and you never even know it.”

Weems contacted his investigator. Just under an hour later, in Lexington, Bushart wrote a two-line post on Facebook at 7:53 p.m. “Received a visit from Lexington PD regarding my posted memes on ‘What’s Happening in Perry County,’” he wrote. The police had come at the behest of Perry County, he said, but did not elaborate.

If he was concerned, Bushart didn’t show it. He went back to posting. At 9:48 p.m., Bushart shared a meme from a page called Blue Wave 2026, featuring an unhinged-looking Roseanne Barr. “Many maga are claiming that Obama used the pressure of his office and the FCC to get Rosanne cancelled just like Trump did to Kimmel,” it read. “Except Obama wasn’t president in 2018. Care to guess who was?”

It would be his last post that night. At 11:15 p.m., police knocked on his door again. This time there were four officers, one of whom was holding a warrant for his arrest, which had been sent from Perry County. Body camera footage obtained by The Intercept shows police following Bushart inside his house and waiting while he slips on his shoes. Then they handcuff him on his front porch and lead him away.

Arriving at the local jail, the officer with the warrant unfolded the piece of paper. “Just to clarify, this is what they charged you with,” he told Bushart, pointing and reading aloud: “Threatening Mass Violence at a School.”

“At a school?” Bushart said, sounding confused.

But the officer had no further explanation. “I ain’t got a clue,” he said, chuckling. “I just gotta do what I have to do.”

Bushart laughed too. “I’ve been in Facebook jail but now I’m really in it,” he said. He hadn’t committed a crime, he said. “I may have been an asshole but…”

“That’s not illegal,” the officer said.

Bushart was booked at the Perry County Jail in Linden on September 22, just before 2 a.m. He has been there ever since. His bail was set at $2 million — a shocking amount, wildly beyond his financial capacity. Under Tennessee law, Bushart would have to pay at least $210,000 to get out of jail, under onerous conditions. Although his defense attorney has filed a motion asking General Sessions Judge Katerina Moore to reduce his bail on the grounds that he is not a flight risk and does not pose a threat to the community, a hearing on the motion was reset at prosecutors’ request. Bushart’s next court date is not scheduled to take place until December 4.

Bushart is one of countless people whose lives have been upended due to social media posts shared after Kirk’s death. The murder triggered an extraordinary crackdown on speech, wielded against Americans from every level of government, with the White House and its allies targeting those whose public reactions they considered offensive. Vice President J.D. Vance urged Americans to report people to their employers. At the Pentagon, nearly 300 employees were investigated. And more recently, the State Department revoked the visas of people who spoke ill of Kirk.

In Tennessee, a wave of firings and suspensions took place across the state, with numerous public employees and college and university staffers punished for their posts. A high school science teacher was suspended after being targeted by the right-wing website The Federalist for an Instagram story calling Kirk a “POS” and quoting his reaction to the 2023 Covenant School shooting in Nashville, which left seven dead, including three 9-year-old students. “It’s worth to have, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our other God given rights,” Kirk had said. And, under pressure from Republican Sen. Marsha Blackburn, who is running for Tennessee governor, a university fired a theater professor for posting an old article about Kirk’s comments, issuing a statement explaining that the professor had “reshared a post on social media that was insensitive, disrespectful and interpreted by many as propagating justification for unlawful death.”

But Bushart’s case is in a class of its own. He is almost certainly the only person who was arrested and held on a serious criminal charge for a Facebook post in the wake of Kirk’s death — a charge that seems clearly divorced from reality. Among those who have heard of it, the case has been met with shock, outrage, and considerable confusion. On TikTok, Reddit, and a “Justice for Larry Bushart” page on Facebook, many see the case as a form of government overreach that puts all Americans in danger. And though the case is undeniably part of the broader assault on free speech sparked by the Kirk assassination, it is also locally rooted: a perfect storm of bad law, overzealous policing, and a political climate that has emboldened law enforcement officials to punish perceived enemies.

At the heart of the controversy is elected Perry County Sheriff Nick Weems. In office since 2015, his previous claim to fame in Tennessee was his response to the 2018 shooting at Parkland High School in Florida, which killed 17 people. In an impassioned open letter, he criticized politicians who failed to protect students, pledging $500 of his own money to install barricade locks on school doors in Perry County. His rallying cry: “Not Our Children!”

More recently, Weems has availed himself of a Tennessee law passed after the Covenant School shooting, which sought harsh new punishments for “recklessly making a threat of mass violence.” The American Civil Liberties Union and other free speech experts cautioned at the time that the language was so broad, “it could potentially criminalize a wide range of adults and children who do not have any intent of actually causing harm or making a threat” — and this is precisely what has happened. The law has ensnared numerous students for social media activity that, by all rational interpretations, are not actually threatening actual violence. Earlier this year, ProPublica and WPLN/Nashville Public Radio reported on a group of middle school cheerleaders who were slapped with criminal charges by the local sheriff for filming a TikTok video in which one girl said, “Put your hands up,” while other girls dropped to the floor.

In Bushart’s case, the warrant affidavit contains a short narrative summarizing the ostensible evidence against him. “At approximately 1900 hours,” writes Perry County Sheriff’s Investigator Jason Morrow, “I … received a message from Sheriff Nick Weems regarding a Facebook post Larry Bushart made on the What’s Happening in Perry County, TN Facebook page stating ‘This seems relevant today…’ with an image of Donald Trump and the words ‘We have to get over it.’” Morrow quotes the rest of the meme and notes that it was posted “on a message thread regarding the Charlie Kirk vigil.” He then writes: “This was a means of communication, via picture, posted to a Perry County, TN Facebook page in which a reasonable person would conclude could lead to serious bodily injury, or death of multiple people.”

It’s possible, perhaps, to imagine how the Trump meme might have set some members of the Facebook group on edge — at least upon first glance. The post invoked a school shooting at a “Perry High School.” The local high school in Linden is called Perry County High School. Moreover, just one month earlier, Weems had reported an alleged threat against the school, prompting administrators to cancel all classes “for the safety of our students and staff.” Still, it was easy to discern that, apart from the name “Perry,” there was nothing connecting the meme to Linden.

Chris Eargle, who created the “Justice for Larry Bushart” Facebook page, first heard about the case from news reports posted on social media. Like many online commenters, he figured there had to be more to the story. “I was very skeptical when I first saw it,” he said. “He couldn’t have just been thrown in jail with a $2 million bond just for posting a Trump meme.” But the closer he looked at the case, the more it seemed clear that’s exactly what happened. “I was like, ‘Oh, wow, they actually did charge him for posting a meme.’”

Eargle requested to join the “What’s Happening In Perry County” group and was granted access. He also started commenting on different Facebook pages linked to the sheriff. “Unwise persecution of people for their political views will cost the taxpayers millions of dollars,” he wrote in a review on the “Re-Elect Weems for Sheriff” page. “He should never be allowed near public office again.” Before long, the page was taken down. So was the Perry County Sheriff’s Office page.

Weems had been happy to publicize Bushart’s arrest at first. In the earliest news story on September 22, local radio station WOPC published Bushart’s mugshot along with a statement from the sheriff, who said that Bushart’s meme had alluded to “a hypothetical shooting at a place called Perry High School.” According to Weems, “That message caused considerable concern within the community and we were asked to investigate.”

Readers found this perplexing. “I’m confused,” one woman wrote on Facebook after the story was posted on the station page. “He was talking about shooting up the school or shooting up a vigil. How are the two things connected?” Another reader speculated that Weems hadn’t heard of the Iowa shooting and misinterpreted the post as a threat. “A man is in jail because the sheriff didn’t use google.”

In a comment that has since been deleted, Weems personally replied to correct the record. “We were very much aware of the meme being from an Iowa shooting,” he wrote later that afternoon. The meme “created mass hysteria to parents and teachers … that led the normal person to conclude that he was talking about our Perry County High School.”

This did not go over well. Most people would not read the meme as a threat, several commenters pointed out. But even if the meme had caused some people to panic, one man wrote, “your department arrested a man for expressing free speech because you listened to public hysteria rather than doing an investigation?”

Others didn’t buy the notion that there had been panic at all. “Mass hysteria is a lie,” another man wrote. “I hope he sues you.”

As the story spread, confusion persisted over the basic facts. Because the Facebook thread was only visible to members of the Perry County group, it was unclear to most people when, exactly, Bushart posted the memes or how people reacted — let alone whether the response could be described as “mass hysteria.” But Weems insisted that Bushart wanted to sow panic, telling The Tennessean that “investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community.”

Yet there were no public signs of this hysteria. Nor was there much evidence of an investigation — or any efforts to warn county schools. Although the Perry County Schools District did not respond to messages from The Intercept, attorneys with the Foundation for Individual Rights and Expression filed a series of open records requests with the school district asking for any communications to or from staff pertaining to the case — including terms like “shooting,” “threat,” and “meme.” In response, the director of schools wrote that there were no records related to Bushart’s case. “The Perry County Sheriff’s Department handled this situation,” he wrote.

“You would think that if a school district or a school was the target of a serious threat, they would have an email or a text message or something to students, to parents, to the safety officer, to the community, saying, ‘Here’s what has happened. Don’t worry. Everything is all right,’” said Adam Steinbaugh, an attorney with FIRE who has been monitoring the case. “They have nothing.”

Meanwhile, the Perry County Sheriff’s Office has not responded to records requests by FIRE. In a phone call with The Intercept, a sheriff’s deputy told The Intercept that any records related to the case would have to be subpoenaed. “I’m not releasing anything due to the scrutiny and the harassing phone calls we’ve had,” he said, then hung up. But Weems himself responded to an email earlier this week. He said that the Perry County Sheriff’s Office Facebook page “has been in the process” of being deleted since July but declined to comment further. “There is a lot of false quotes being made in regard to this case,” he wrote. “Therefore, I’m not gonna continue to discuss the case until it’s settled in court.”

Bushart’s lawyer has not responded to messages about the case. Bushart’s wife declined to speak on the record on the advice of the attorney. But Bushart’s son defended his dad on social media, calling the prosecution “an egregious violation of his 1st Amendment rights” and spelling out what has been clear from the start: The meme he shared was meant to show “the hypocrisy in honoring Charlie Kirk while ignoring other tragic incidents of mass violence.”

For now, Bushart faces the prospect of spending Thanksgiving in jail. On Tuesday, a member of the Justice for Larry Bushart page created a GiveSendGo account to raise money for his legal defense. “This isn’t just for Larry; this is a stand against overzealous law enforcement acting on skewed interpretations of free speech,” it reads. “Remember: today it’s someone else; tomorrow it could be you or me.”

To Steinbaugh, who has litigated First Amendment violations all over the country, Bushart’s case stands out. “One thing that’s unique about it is that nobody has done a course correction here,” he said. “It would be one thing to have law enforcement overreacting and detaining someone … and then the next day, saying, ‘OK, message received, we’ve done our due diligence. That’s all we need to do here.’ This guy’s been incarcerated since this happened over quoting the president. Cooler heads should have prevailed by now.”