Although there’s no indication that anyone interpreted the meme as a violent threat to schoolchildren, Bushart’s complaint says a “national uproar” followed once his story began circulating online. He credits media coverage with helping secure his release. The very next day after a local TV station pushed Weems in an interview to acknowledge the meme wasn’t about his county’s high school and to confirm that no one had asked Bushart to clarify his online comments, the charges were dismissed and Bushart was released.
Morrow and Weems have been sued in their individual 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 named as a defendant because it can be held responsible for its sheriffs’ unconstitutional actions.
Perry County officials did not immediately reply to Ars’ request for comment.
Bushart endured a “humiliating” arrest
The arrest has upended Bushart’s life. As the primary wage earner, he’s anxious about how he and his wife will manage after he lost his job while jailed. His complaint described the arrest as especially “humiliating” given his former role in law enforcement. Even after his release, the prospect of arrest has chilled his speech and affected how he shares 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 officers acted “willfully and maliciously” by omitting information from his arrest affidavit that would have prevented his detention. One of his attorneys, FIRE senior attorney Adam Steinbaugh, said a victory would protect everyone who posts memes on social media 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.
