Friday, November 21, 2025

Please Tell Curmie This Is the Worst Case of Police and Prosecutorial Overreach This Year. Please.

 

Seriously, posting this is what generated a felony charge.

You will recall, Gentle Reader, that the immediate aftermath of the assassination of Charlie Kirk, there was a flood of backlash against anyone who dared to suggest on social media that the late Mr. Kirk might not have been the Second Coming.  Curmie wrote specifically about Darren V. Michael, who was fired by Austin Peay State University for having the temerity to point out the irony that someone who proclaimed that “It’s worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment” should himself be the victim of gun violence.  There were plenty of other cases, as well, of course, but punishing a tenured theatre prof who sometimes says things that administrators don’t like sorta resonated at Chez Curmie.

Curmie, a retired tenured theatre prof did, after all, write that he “is not ‘celebrating’ the death of Kirk, although he does believe the world to be a better place without his racism, misogyny, trans- and homophobia, Christian nationalism, mendacity, and general assholitude.”  That comment might have gotten him in big trouble had he been employed at a state university in a red state at the time. 

Anyway, revenons à nos moutons… APSU officials backed down, a little, when it became clear that their action was not within hailing distance of due process.  Michael’s termination was changed to a suspension; Curmie has been unable to find any more details.  He did learn that a substantial majority of Faculty Senators voted “no confidence” in the university president, Mike Licari.  The motion “failed” because the vote was 23-12; a two-thirds majority is required for such resolutions.  Curmie is well aware that such votes have only symbolic significance, anyway: the Faculty Senate, Chairs Council, Deans Council, and Staff Council at Curmie’s former employer all voted “no confidence” in a president unanimously, and the Regents kept him around… until they let him go a few months later with a fat buyout and a promise to totally lie say good things about him to prospective employers. 

As it happens, however, Mike Licari isn’t the biggest freaking idiot in Tennessee, and Darren Michael’s suspension isn’t even close to the harshest and most illegitimate punishment for obviously protected speech.  Curmie only found out a couple days ago about the case of Larry Bushart, a retired police officer (!) who was incarcerated for 37 days with a $2,000,000 bond for posting a meme.  Yes, really.

The specifics: Bushart, who posts a lot of memes, some of them in rather poor taste, posted one to a message thread about a vigil for Charlie Kirk of then-candidate Trump saying, a day after a school shooting in Iowa, that “We have to get over it.”  Bushart, who was as unimpressed as Curmie was of the orgiastic keening over Charlie Kirk, appended a note: “This seems relevant today…” (Thats the post at the top of this page.) Bushart’s son notes the obvious: that his father was pointing out “the hypocrisy in honoring Charlie Kirk while ignoring other tragic incidents of mass violence.”  That can get you arrested in Tennessee, of course.  Sixth-graders are expendable, after all.  Sleazy millionaire podcasters are important!  The official charge was Felony Insufficient Sycophancy “Threatening Mass Violence at a School.” 

That’s a result of an overbroad law that only grandstanding Republicans could support.  Children’s advocates opposed the legislation.  The ACLU argued that “This legislation is worded so broadly that it could potentially criminalize a wide range of adults and children who do not have any intent of actually causing harm or making a threat -- people who are actually just exercising their constitutionally-protected right to free speech.”  But this is Tennessee; of course, this inanity became law.

So… this case…  You see, Gentle Reader, in what passes for a brain in Sheriff Nick Weems (what a delightfully Dickensian name for this buffoon!) and Sheriff’s Investigator Jason Morrow, “This was a means of communication, via picture, posted to a Perry County, TN Facebook page in which a reasonable person would conclude could lead to serious bodily injury, or death of multiple people.”  Uh, no.  No reasonable person would conclude that.  

The good news is that there are, apparently, precisely zero people in the community who interpreted the meme the way these bozos did.  Indeed, as Liliana Segura writes for The Intercept article linked above, “there were no public signs of this hysteria. Nor was there much evidence of an investigation — or any efforts to warn county schools.”  FIRE requested the school district for any communications pertaining to the case, including the terms “shooting,” “threat,” and “meme.”  The response: no records.  Nada.  Zip.  Zilch. 

The most succinct encapsulation was this, from a local resident commenting on the story on radio station WOPC’s page: “A man is in jail because the sheriff didn’t use google.”  Weems was still trying to spin it that Bushart created “mass hysteria to parents and teachers,” and did so intentionally.  That makes the sheriff both an incompetent idiot and a liar.  Curmie awaits Donald Trump’s appointment of Weems to a high-level position in the FBI, ICE, or ATF.  He has all the credentials that seem relevant to Dear Leader, after all.

OK, two things in the category of “the best Curmie can do to excuse this idiocy”: 1). Mr. Bushart is, at least at times, a self-described “asshole.”  2). The meme references “Perry High School”; one of the local schools is Perry County High School.  You will note, however, Gentle Reader, that as even the arresting officer declares, assholitude “is not illegal,” absent legitimate threats of violence or similar intentions of criminality.  And the high school referred to in the meme is, as noted above, not in Tennessee, but in Iowa.  Bushart’s comment makes it clear that he was referencing that event from over a year earlier.

OK, Curmie’s distaste for Charlie Kirk is evident.  That doesn’t mean that his murder was anything but abhorrent, or that those who idolized him and mourned his loss publicly shouldn’t be allowed to do so.  But posting a meme shouldn’t get you fired, and it sure as hell shouldn’t get you arrested.  What’s worse, of course, is the active collusion of multiple figures in the (in)justice system.  True, Nick Weems would come in third in a battle of wits with a broken stapler and a corn dog.  Hell, he’d even lose to Mike Licari.  

But there’s also an unnamed prosecutor who not only didn’t laugh in Weems’s face but actually requested a delayed hearing in response to Bushart’s lawyer’s reasonable claim that bail of $2 million for a nothingburger case like this might be un peu du trop.  And there’s General Sessions Judge Katerina Moore, who granted that request.  Someone should have stopped this absurdity before it embarrassed everyone involved.  They didn’t, at least until the coverage went viral.

This case is so ridiculous, it’s almost inevitable that FIRE got involved.  Charges against Bushart have now been dropped, but that’s clearly not enough.  He lost his post-retirement job, was confined for over five weeks on an absurd charge because bail was set at a level no normal person could afford,  and missed the birth of his granddaughter.  He’s going to sue, with FIRE’s assistance, and he’s going to collect.  Bigly.  

Chris Eargle, who created the “Justice for Larry Bushart” Facebook page, posted on the “Re-Elect Weems for Sheriff” page, “Unwise persecution of people for their political views will cost the taxpayers millions of dollars.  He should never be allowed near public office again.”  He’s right, of course, on both counts.  If only the problem were limited to one boneheaded sheriff in a jerkwater county in Tennessee…

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