Graham Piro

Larry Bushart spent 37 days in jail for posting a meme on Facebook. I’ve been doing this work for 25 years, and I can honestly say this is the worst First Amendment case I’ve ever seen. Not because Larry threatened anyone. He didn’t. Not because he committed violence. He didn’t. Not because this was a close call. It wasn’t. He posted a political meme — the kind of thing millions of Americans do every day — and local officials decided to treat it like a crime. And because they had badges, prosecutors, jail cells, and the terrifying machinery of the state behind them, they got away with it for 37 days. Larry is a retired police officer and National Guard veteran. The meme he shared quoted Donald Trump’s “we have to get over it” comment after a 2024 Iowa school shooting. Whatever you think of Trump, the meme was plainly political commentary. Perry County officials knew what it referred to. They knew it wasn’t a threat against a Tennessee school. They arrested him anyway. In the middle of the night. They set his bond at $2 million. He lost his job. He missed family milestones. He sat in jail for more than a month before the charges finally collapsed — because, of course, there was no crime here. Today, @theFIREorg secured a measure of justice: Perry County agreed to pay Larry Bushart $835,000 for violating his constitutional rights. This case should scare the hell out of people across the political spectrum. Because if the government can jail you for a meme by pretending not to understand obvious political commentary, your rights are only as secure as the good faith of the most authoritarian official in your town. That is exactly why we have the First Amendment. Not for speech everyone likes. Not for opinions that flatter the powerful. Not for the bland, safe, committee-approved stuff. It exists for moments when fear, outrage, politics, and authority all line up and say: “Surely this is the exception.” No. It isn’t. I’m incredibly proud of @theFIREorg’s legal team. And I’m even prouder of Larry Bushart for refusing to let the government get away with treating his constitutional rights like a suggestion. But despite the correct verdict, I'll probably always get angry every time I think of this case. Let’s make this the last time anyone in America is arrested — let alone thrown in jail — for a meme. Celebrate your independence. Defend your First Amendment. fire.org/news/victory-t…

Tomorrow, @BowdoinCollege will decide if an email that read “RIP to bro 😿” should keep student Finley Rhys from returning to campus. His one-line reply to a conservative group’s Charlie Kirk vigil promotion triggered a two-month investigation and probation.

Justice Department Intervenes in xAI lawsuit Challenging Colorado’s ‘Algorithmic Discrimination’ Law 🔗: justice.gov/opa/pr/justice…

FIRE is deeply troubled by @UNC’s decision to condemn satire and announce an investigation into protected student expression. The @dailytarheel, which is editorially and financially independent from the university, published satirical April Fool’s articles with headlines like “Trump Orders Alcohol Law Enforcement in Chapel Hill Replaced with ICE Agents” and “UNC Brings Back DEI-For Whites.” After calls for takedowns from student groups and the student body president, the paper took the articles down and its editor-in-chief apologized. Hill After Hours, a separate registered student group, also posted and deleted a TikTok sketch satirizing a stereotypical white student walking through an area of campus where predominantly students of color have historically lived. In response, Senior Vice Provost James Orr issued a university statement condemning the satirical content and announced the university was investigating Hill After Hours. That is not the role of a public university. Students and student journalists do not lose their First Amendment rights because their speech is offensive, unpopular, or badly received. Critics are free to answer with more speech. UNC is not free to answer it with condemnation and investigation. UNC-Chapel Hill’s response also raises serious concerns under North Carolina law, which requires UNC System institutions to remain neutral on “the political controversies of the day.” A university cannot claim neutrality while taking an official side against protected student expression. UNC-Chapel Hill must retract its statement and end the investigation. Offense is not license to police protected expression.

FIRE is deeply troubled by @UNC’s decision to condemn satire and announce an investigation into protected student expression. The @dailytarheel, which is editorially and financially independent from the university, published satirical April Fool’s articles with headlines like “Trump Orders Alcohol Law Enforcement in Chapel Hill Replaced with ICE Agents” and “UNC Brings Back DEI-For Whites.” After calls for takedowns from student groups and the student body president, the paper took the articles down and its editor-in-chief apologized. Hill After Hours, a separate registered student group, also posted and deleted a TikTok sketch satirizing a stereotypical white student walking through an area of campus where predominantly students of color have historically lived. In response, Senior Vice Provost James Orr issued a university statement condemning the satirical content and announced the university was investigating Hill After Hours. That is not the role of a public university. Students and student journalists do not lose their First Amendment rights because their speech is offensive, unpopular, or badly received. Critics are free to answer with more speech. UNC is not free to answer it with condemnation and investigation. UNC-Chapel Hill’s response also raises serious concerns under North Carolina law, which requires UNC System institutions to remain neutral on “the political controversies of the day.” A university cannot claim neutrality while taking an official side against protected student expression. UNC-Chapel Hill must retract its statement and end the investigation. Offense is not license to police protected expression.