In the aftermath of conservative activist Charlie Kirk’s murder on September 10, his admirers were offended by online messages that denigrated him, condemned his views, and in some cases even celebrated his death. The people outraged by that commentary evidently included Nick Weems, sheriff of Perry County, Tennessee, who used the powers of his office to strike back at Kirk’s detractors.
As Reason‘s Joe Lancaster reported in October, Weems arranged the arrest of a Kirk critic, Henderson County resident Larry Bushart, on a flagrantly frivolous criminal charge. Because Bushart was unable to cover the staggering $2 million bond demanded for his release (which would have required him to “pay a bondsman at least $210,000,” Lancaster noted), he spent 37 days in jail before the district attorney for Perry County dropped the charge against him after the case drew widespread criticism.
Bushart’s arrest for constitutionally protected speech violated the First Amendment, the Foundation for Individual Rights and Expression (FIRE) argues in a federal lawsuit against Perry County, Weems, and Jason Morrow, an investigator in the sheriff’s office. The complaint, which was filed on Wednesday in the U.S. District Court for the Western District of Tennessee, says the defendants also violated the Fourth Amendment by arresting Bushart without probable cause. And because they pursued a malicious prosecution, FIRE argues, they should be liable for punitive as well as compensatory damages.
“I spent over three decades in law enforcement, and have the utmost respect for the law,” says Bushart, whose career included 19 years at the Jackson Police Department, five years at the Haywood County Sheriff’s Office, and nine years at the Tennessee Department of Correction. “But I also know my rights, and I was arrested for nothing more than refusing to be bullied into censorship.”
Weems was irked by Bushart’s response to a candlelight vigil for Kirk that was scheduled for the evening of September 20 on the lawn of the Perry County Courthouse—an event that the sheriff himself had promoted on Facebook. That day, Bushart saw a post about the vigil on the “What’s Happening, Perry County?” Facebook page. Commenting on that message, Bushart shared eight anti-Kirk memes, including one highlighting a comment that Donald Trump, then a presidential candidate, made the day after the January 2024 mass shooting at Perry High School in Iowa.





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