Man jailed for posting Trump meme wins $835,000 settlement

Source: Ars Technica

Background

Larry Bushart posted a meme referencing a past school shooting. Prosecutor Weems reportedly hoped that the threat of arrest would pressure Bushart into removing the post, but Bushart refused to be censored.

Arrest footage

Video from the arrest shows Bushart telling the arresting officer that he never made a threat. The footage, reviewed by The Intercept, captures a moment where Bushart shares a laugh with an officer about the absurdity of the arrest:

“Just to clarify, this is what they charged you with—Threatening Mass Violence at a School,” a Perry County jail officer told Bushart.

“At a school?” Bushart asked.

“I ain’t got a clue,” the officer responded, laughing. “I just gotta do what I have to do.”

“I’ve been Facebook jail, but now I’m really in it,” Bushart said, joining him in laughing.

Legal findings

FIRE (Foundation for Individual Rights in Education) noted that Weems “knew at the time of the arrest that Larry’s Facebook post was a pre‑existing meme that referred to an actual shooting that took place in a different state, over 500 miles away,” yet proceeded with the arrest, violating Bushart’s constitutional rights in retaliation for his protected speech.

FIRE also highlighted that Bushart is one of 600 people identified by Reuters as having been punished for making controversial online statements about Charlie Kirk’s death, part of a government‑backed campaign targeting political speech. See the Reuters investigation: How 600 Americans were punished in a pro‑Trump crackdown.

Settlement and implications

The $835,000 settlement underscores that the First Amendment can withstand censorship attempts. FIRE staff attorney Cary Davis said:

“It’s in times of turmoil and heightened tensions that our national commitment to free speech is tested the most. 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.”