Weems apparently hoped that the threat of arrest would pressure Bushart to remove him from office, but Bushart refused to censor.
Video from the arrest, it appears that Bushart told the arresting officer that he had never received such a threat, and some officers at the jail seemed similarly confused about the basis for his arrest. One exchange was caught on video Reviewed by The InterceptBushart even shared a laugh with an officer at how silly his arrest seemed:
“To clarify, that’s what they’re charging you with – Threat of Mass Violence at School,” Perry County Jailer Bushart said.
“At school?” Bushart asked.
“I have no clue,” the officer replied with a laugh. “I just gotta do what I gotta do.”
“I’ve been in Facebook jail, but now I’m really in it,” Bouchart said, joining him with a laugh.
Weems later admitted that “at the time of his arrest, he knew that Larry’s Facebook post was a pre-existing meme that referred to an actual shooting that happened more than 500 miles away in a different state,” FIRE said. But he arrested Bushart anyway, violating Bushart’s “constitutional rights to retaliation for protected speech,” FIRE said.
FIRE noted that Bushart was one of 600 people Reuters found were punished for making controversial online statements about Kirk’s death following a government-backed campaign targeting political speech. FIRE staff attorney Cary Davis said Bushart’s victory shows that the First Amendment can withstand censorship attempts.
“Our national commitment to free speech is most tested in times of heightened turmoil and tension,” Davis said. “When government officials fail this test, the Constitution exists to hold them accountable. We hope Larry’s settlement sends a message to law enforcement agencies across the country: Respect the First Amendment today, or be prepared to pay the price tomorrow.”
