While there’s no evidence of anyone interpreting the meme as a violent threat to school kids, there was a “national uproar” when Bushart’s story started spreading online, his complaint noted. Bushart credits media attention for helping to secure his release. The very next day after a local news station pressed Weems in a TV interview to admit he knew the meme wasn’t referencing his county’s high school and confirm that no one ever asked Bushart to clarify his online remarks, charges were dropped, and Bushart was set free.
Morrow and Weems have been sued in their personal capacities and could “be on the hook for monetary damages,” a press release from Bushart’s legal team at the Foundation for Individual Rights in Education (FIRE) said. Perry County, Tennessee, is also a defendant since it’s liable for unconstitutional acts of its sheriffs.
Perry County officials did not immediately respond to Ars’ request to comment.
Bushart suffered “humiliating” arrest
For Bushart, the arrest has shaken up his life. As the primary breadwinner, he’s worried about how he will support himself and his wife after losing his job while in jail. The arrest was particularly “humiliating,” his complaint said, “given his former role as a law enforcement officer.” And despite his release, fear of arrest has chilled his speech, impacting how he expresses his views online.
“I spent over three decades in law enforcement, and have the utmost respect for the law,” Bushart said. “But I also know my rights, and I was arrested for nothing more than refusing to be bullied into censorship.”
Bushart is seeking punitive damages, alleging that cops acted “willfully and maliciously” to omit information from his arrest affidavit that would’ve prevented his detention. One of his lawyers, FIRE senior attorney Adam Steinbaugh, said that a win would protect all social media meme posters from police censorship.
“If police can come to your door in the middle of the night and put you behind bars based on nothing more than an entirely false and contrived interpretation of a Facebook post, no one’s First Amendment rights are safe,” Steinbaugh said.
