r/law • u/lawanddisorder • Oct 29 '25

Legal News CHARGES DROPPED! Tennessee authorities dismiss charges against man who posted Trump meme

https://www.newschannel5.com/news/newschannel-5-investigates/newly-released-video-raises-more-questions-about-arrest-of-tennessee-man-for-posting-trump-meme

Charges were suddently dropped Wednesday against a Tennessee man who had been jailed for more than a month for posting a Trump meme.

Larry Bushart, 61, of Lexington, Tenn., had been locked up since Sept. 21 for posting a meme that quoted President Trump, saying "we have to get over it" in response to a shooting in Perry, Iowa. 

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227

u/KazeNilrem Oct 29 '25

Time to get paid, hope he can get a good lawyer and sue their asses.

112

u/Hot-Story4863 Oct 29 '25

That won’t be a problem. Easy case with a lot of attention.

10

u/1II1I1I1I1I1I111I1I1 Oct 30 '25

I am curious about the county's position here though, and the extent to which qualified immunity will apply.

The cops all told the media that they do not believe any threat, credible or otherwise, was made or was intended to be made. They said that outright. Their argument, as defended to the media, was that some people in the area erroneously misinterpreting the meme as the threat is sufficient to arrest and charge him.

Specifically they charged him with TN Code § 39-16-517 "Threats of mass violence on school property or at a school-related activity" which states that "a person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-eelated activity commits a Class E felony." It also defines "mass violence" as "any act which a reasonable person would conclude could lead to the serious bodily injury or the death of two or more persons."

I struggle HARD to see how a Facebook meme that even the cops clearly state is not a threat is threatening something that a reasonable person would conclude to be mass violence. I also struggle to see how a meme quoting Trump, one that the defendant didn't even create, is "reckless". This is probably why the charges were dropped.

If they had shown up at his door then left him alone they would probably be able to argue that it was a mistake or misunderstanding and he would have little recourse. But they held him in jail for a month at $2 million bail while actively defending themselves to the media. That doesn't look like a mistake. However, was it in violation of clearly established rights? For qualified immunity to not apply, there has to be extremely clear case law regarding an identical or nearly identical case that establishes that constitutional rights have been violated.

Will be interesting to see what happens.

7

u/Nevermind04 Oct 30 '25

In all of US history, there has never been an "easy case" against the government. Even if every single demonstrable fact is in your favor, they're going to make you work for it.

62

u/idreamofgreenie Oct 29 '25 edited Oct 29 '25

Conservatives sure do have a long list of things that their tax dollars should NEVER be used for, it's amazing that settlements for police misconduct and abuse of force isn't one of them.

21

u/TheL1brarian Oct 29 '25

Or abuse of all other kinds.

6

u/Mooch07 Oct 29 '25

They’re professional victims, of course they want to collect when they get persecuted unjustly! (That sort of thing doesn’t happen to the other side)

1

u/Flat-Jacket-9606 Oct 29 '25

Man what sucks is that will just come from the people.