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adamsteinbaugh.bsky.social
Adam Steinbaugh
@adamsteinbaugh.bsky.social
8.9K followers 540 following 860 posts
Philly. First Amendment lawyer at FIRE. Licensed in CA, PA. Opinions my own.
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adamsteinbaugh.bsky.social
Are any of my followers an Alabama resident willing to submit a public records request to a municipality with a transparency allergy?
December 23, 2025 at 3:37 AM
Reposted by Adam Steinbaugh
willoremus.com
New: The 61-year-old retired Tennessee cop who spent 37 days in jail over an anti-Trump Facebook meme has filed a federal First Amendment lawsuit against the authorities who ordered his arrest.

"In America, we do not jail people for political speech."

Gift link: wapo.st/490I014
A retired policeman was jailed over an anti-Trump meme. Now he’s suing.
Attorneys for 61-year-old Larry Bushart say a Tennessee sheriff violated the First Amendment: “In America, we do not jail people for political speech.”
wapo.st
December 17, 2025 at 6:28 PM
Reposted by Adam Steinbaugh
sarahemclaugh.bsky.social
Larry Bushart spent 37 days in jail — all because he posted a meme after Charlie Kirk's murder. He was held on an outlandish $2 million bail.

And now it's time for Sheriff Nick Weems and Perry County to face the consequences for violating Bushart's First Amendment rights.
LAWSUIT: Ex-cop sues after spending 37 days in jail for sharing meme following Charlie Kirk murder
Larry Bushart was arrested for a social media post and held on a $2 million bond he could not afford. Now, he's fighting back.
www.thefire.org
December 17, 2025 at 6:38 PM
Reposted by Adam Steinbaugh
walterolson.bsky.social
Amicus brief from the Cato Institute, Dale Carpenter and Eugene Volokh urges full Fifth Circuit to affirm panel ruling that president of West Texas A&M violated the First Amendment when he ordered a drag show canceled, citing the show's purportedly "objectionable message." @cato.org
Geese, Ganders, and Pterodactyls: Amicus Brief in Fifth Circuit En Banc Rehearing of West Texas A&M Drag Ban Case
From a brief filed yesterday by Joshua J. Bennett (Baker & Hostetler LLP) on behalf of Dale Carpenter, the Cato...
reason.com
December 8, 2025 at 2:11 AM
adamsteinbaugh.bsky.social
Eleventh Circuit vacates panel opinion on Florida's anti-drag law, will rehear the case en banc.
BY THE COURT: A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this appeal should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted in favor of granting rehearing en banc, IT IS ORDERED that this appeal will be reheard en banc. The panel's opinion is VACATED.
December 1, 2025 at 9:10 PM
adamsteinbaugh.bsky.social
This is what it would cost to go to the Broncos/Commanders game. I can’t even look at the Eagles stadium for this amount of
StubHub screenshot: $12 including fees
December 1, 2025 at 1:26 AM
Reposted by Adam Steinbaugh
megangray.bsky.social
SHOTS FIRED, 2 National Guard, downtown DC, just now. At least one dead. Near Farragut metro.
November 26, 2025 at 7:25 PM
Reposted by Adam Steinbaugh
nachristakis.bsky.social
Larry Bushart, a retired police officer, went to jail for 36 days for posting a meme after the murder of Charlie Kirk! It was a picture of Donald Trump along with his comment in response to a school shooting in 2024: “We have to get over it.” The meme had the caption, “This seems relevant today.”
Opinion | Nobody Should Go to Jail for a Harmless Meme
www.nytimes.com
November 26, 2025 at 2:14 PM
Reposted by Adam Steinbaugh
lawrencehurley.bsky.social
Two Republican-appointed judges on the 3-judge panel:
adamsteinbaugh.bsky.social Adam Steinbaugh @adamsteinbaugh.bsky.social · Nov 26
Eleventh Circuit affirms $1 million sanctions award against Trump attorneys, led by Alina Habba, for frivolous "racketeering" lawsuit against Hillary Clinton (among many others): storage.courtlistener.com/recap/gov.us...
The district court decided that the amended complaint advanced legal theories foreclosed by precedent “that the most basic legal research would have revealed.” It listed several examples, including Trump’s statutory and equitable tolling theories. Trump and Habba argue that “the case law is unsettled or there was a reasonable request for an extension of the law,” at least for the tolling argument. Many of Trump’s and Habba’s legal arguments were indeed frivolous. Even setting aside the tolling arguments, the district court ruled that Trump brought several frivolous claims, including a “malicious prosecution claim without a prosecution,” and a “trade secret claim without a trade secret.” Trump also appended seven counts to his indictment which did not allege any cause of action and which the district court found were “the high-water mark of shotgun pleading.” Trump leaves all these frivolous claims behind, making a total of 11 of his 16 claims he does not appeal. Trump and Habba give us no reason to reverse the district court’s ruling that these claims were frivolous
November 26, 2025 at 2:30 PM
adamsteinbaugh.bsky.social
Eleventh Circuit affirms $1 million sanctions award against Trump attorneys, led by Alina Habba, for frivolous "racketeering" lawsuit against Hillary Clinton (among many others): storage.courtlistener.com/recap/gov.us...
The district court decided that the amended complaint advanced legal theories foreclosed by precedent “that the most basic legal research would have revealed.” It listed several examples, including Trump’s statutory and equitable tolling theories. Trump and Habba argue that “the case law is unsettled or there was a reasonable request for an extension of the law,” at least for the tolling argument. Many of Trump’s and Habba’s legal arguments were indeed frivolous. Even setting aside the tolling arguments, the district court ruled that Trump brought several frivolous claims, including a “malicious prosecution claim without a prosecution,” and a “trade secret claim without a trade secret.” Trump also appended seven counts to his indictment which did not allege any cause of action and which the district court found were “the high-water mark of shotgun pleading.” Trump leaves all these frivolous claims behind, making a total of 11 of his 16 claims he does not appeal. Trump and Habba give us no reason to reverse the district court’s ruling that these claims were frivolous
November 26, 2025 at 2:19 PM
Reposted by Adam Steinbaugh
stevanzetti.bsky.social
Last Thanksgiving, two Dallas Police officers knocked on my door, citing a tip from the FBI national threat operations center that I was beating my girlfriend. The incident report confirms this. Today, I obtained a file from the FBI via FOIA that states the FBI has no record of receiving such a tip.
A screenshot of the Dallas Police incident report A screenshot of the FBI report
November 18, 2025 at 4:17 PM
adamsteinbaugh.bsky.social
Eleventh Circuit affirms dismissal of Trump defamation lawsuit against CNN for calling his election denialism the "Big Lie"

Opinion: storage.courtlistener.com/recap/gov.us...
Trump’s argument is unpersuasive. First, although he concedes that CNN’s use of the term “Big Lie” is, to some extent, ambiguous, he assumes that it is unambiguous enough to constitute a statement of fact. This assumption is untenable. Although we haven’t squarely addressed the point, case law from other circuits is persuasive. In Buckley v. Littell, 539 F.2d 882 (2d Cir. 1976), cert. denied, 429 U.S. 1062 (1977), the Second Circuit held that, by using the terms “fascist,” “fellow traveler,” and “radical right” to describe William F. Buckley, Jr., the defendant was not publishing “statements of fact.” Buckley, 539 F.2d at 893. Rather, the court ruled, the terms were “so debatable, loose and varying[] that they [we]re insusceptible to proof of truth or falsity.” Id. at 894. Similarly, in Ollman v. Evans, 750 F.2d 970 (D.C. Cir. 1984) (en banc), cert. denied, 471 U.S. 1127 (1985), the D.C. Circuit held that when the defendant called the plaintiff “an outspoken proponent of political Marxism,” his statement was “obviously unverifiable.” Ollman, 750 F.2d at 987. Trump argues that the term “Big Lie” is less ambiguous than the terms “fascist,” “fellow traveler,” “radical right,” and “outspoken proponent of political Marxism.” But he does not explain this assertion. If “fascist”—a term that is, by definition, political— is ambiguous, then it follows that “Big Lie”—a term that is facially apolitical—is at least as ambiguous. Second, Trump’s argument hinges on the fact that his own interpretation of his conduct—i.e., that he was exercising a constitutional right to identify his concerns with the integrity of elections—is true and that CNN’s interpretation—i.e., that Trump was peddling his “Big Lie”—is false. However, his conduct is susceptible to multiple subjective interpretations, including CNN’s. As we held in Turner, one person’s “subjective assessment” is not rendered false by another person’s “different conclusion.” 879 F.3d at 1264. In Turner, the defendants stated that, on at least one occasion, the plaintiff, James Turner, offensive line coach of the Miami Dolphins, participated in the “homophobic taunting” of one of his players. Id. Turner argued that this statement was false because his conduct was a “harmless ‘joke,’ as opposed to homophobic taunting.” Id. We rejected his argument, concluding that the statement “[wa]s the [d]efendants’ subjective assessment of Turner’s conduct and [wa]s not readily capable of being proven true or false.” Id. Just as the Turner defendants described Turner’s conduct as “homophobic taunting,” CNN described Trump’s conduct as his “Big Lie.” Just as Turner viewed his own conduct as a “harmless ‘joke,’” Trump viewed his own conduct as the exercise of a constitutional right. As in Turner, so too here. CNN’s subjective assessment of Trump’s conduct is not readily capable of being proven true or false.
November 18, 2025 at 3:29 PM
adamsteinbaugh.bsky.social
November 6, 2025 at 9:18 PM
adamsteinbaugh.bsky.social
VICTORY: Federal court dismisses class action lawsuit against pollster J. Ann Selzer, filed by the “Center for American Rights”

www.thefire.org/news/victory...
VICTORY! Federal district court dismisses class-action suit against pollster J. Ann Selzer
Federal district court tosses ‘fake news’ lawsuit against pollster J. Ann Selzer, affirming First Amendment protections for election commentary.
www.thefire.org
November 6, 2025 at 8:44 PM
Reposted by Adam Steinbaugh
joshsternberg.com
It's insane that this even needs to be said.

“A free country does not dispatch police in the dead of night to pull people from their homes because a sheriff objects to their social media posts,” @adamsteinbaugh.bsky.social speaking to @willoremus.com.

www.washingtonpost.com/nation/2025/...
A retired policeman posted a Charlie Kirk meme. He spent a month in jail.
The 61-year-old Tennessee man plans to sue after authorities dropped charges over a political Facebook post. Free-speech advocates say it’s a symptom of a wider crackdown.
www.washingtonpost.com
October 31, 2025 at 1:36 PM
Reposted by Adam Steinbaugh
seanforfive.bsky.social
It's good that LPD is clarifying this because police officers knocking on doors and demanding people delete posts would be absolutely nuts
adamsteinbaugh.bsky.social Adam Steinbaugh @adamsteinbaugh.bsky.social · Oct 29
The Sheriff's story about the arrest of Larry Bushart over a Trump/Kirk meme continues to fall apart.

Sheriff claims the arrest was necessary because Bushart refused to "clarify" to local police that his meme wasn't a threat. The police department says that's not true.

www.wkrn.com/news/local-n...
In a statement to News 2, Perry County Sheriff Nick Weems claimed, “We coordinated with other departments to approach Mr. Bushart and provide options to de-escalate the situation before an arrest was made. Mr. Bushart declined to clarify his public messages and calm the situation that was causing multiple, reasonable citizens to be in fear of their children’s safety at school.” News 2 asked Weems via text message, “What agency did you work with to try to have Larry Bushart clarify and deescalate?” Weems replied, “My investigator reached out to Lexington pd.” When News 2 asked Lexington’s police chief whether his department was involved in any way with asking Bushart to deescalate or clarify his messages, the chief responded, “No.”
October 29, 2025 at 3:22 PM
Reposted by Adam Steinbaugh
adamserwer.bsky.social
Former cop is in jail for committing thought crime against the memory of Charlie Kirk theintercept.com/2025/10/23/c...
The Absurd Prosecution of a Man Who Posted a Charlie Kirk Meme
Larry Bushart Jr. posted trolling memes on a Facebook thread about a vigil for Kirk. He’s been in a Tennessee jail ever since.
theintercept.com
October 24, 2025 at 2:48 PM
Reposted by Adam Steinbaugh
swiftfischer.bsky.social
This is absolutely insane. Must read
theintercept.com The Intercept @theintercept.com · Oct 23
Larry Bushart Jr. posted trolling memes on a Facebook thread about a vigil for Kirk. He’s been in a Tennessee jail ever since. interc.pt/4njg2T8
October 24, 2025 at 7:10 PM
adamsteinbaugh.bsky.social
The sheriff said the post caused “mass hysteria” among parents and teachers.

But the school district says they don't have a single record about it -- and the sheriff's department says it won't respond to public records requests.
theintercept.com The Intercept @theintercept.com · Oct 23
Larry Bushart Jr. posted trolling memes on a Facebook thread about a vigil for Kirk. He’s been in a Tennessee jail ever since. interc.pt/4njg2T8
October 24, 2025 at 7:00 PM
adamsteinbaugh.bsky.social
Who got pardoned now
October 24, 2025 at 4:46 PM
adamsteinbaugh.bsky.social
Larry Bushart has been in jail for a month. The Sheriff is brazenly refusing to respond to public records requests.
theintercept.com The Intercept @theintercept.com · Oct 23
Larry Bushart Jr. posted trolling memes on a Facebook thread about a vigil for Kirk. He’s been in a Tennessee jail ever since. interc.pt/4njg2T8
October 23, 2025 at 7:30 PM
adamsteinbaugh.bsky.social
Iowa federal court issues temporary restraining order against school district's efforts to fire high school teacher over social media comment about Charlie Kirk. If people complaining to the school were "disruption," it would effectuate a heckler's veto. storage.courtlistener.com/recap/gov.us...
Because Crook spoke as a citizen on a matter of public concern, the Court must next determine whether Defendants have produced evidence to indicate Crook’s speech had an adverse impact on the efficiency of their operations. Cf. Mayfield, 122 F.4th at 1053. At this stage of the litigation, the Court determines Defendants’ allegations of harm to school operations are insufficient to warrant denial of a temporary restraining order. Defendants allege the district received “111 emails and 140 phone calls,” the vast majority of which originated from parents “asking for [Crook’s] termination or requesting that their children be removed from [Crook’s] class.” ECF No. 9-1 at 8; see ECF No. 1-12 at 1. Defendants cite Crook’s “inability to effectively work with the parents of her students,” which “would significantly hamper her job performance” as evidence of disruption. ECF No. 9-1 at 9. Further, Defendants allege Crook’s speech made it “impossible for her to serve as a positive role model for her students.” Id. Significantly, “[m]ere allegations the speech disrupted the workplace or affected morale, without evidentiary support, are insufficient.” Lindsey, 491 F.3d at 899. Without further evidence, denying a temporary restraining order on “such ‘vague and conclusory’ concerns . . . runs the risk of constitutionalizing a heckler’s veto.” Melton v. City of Forrest City, Ark., 147 F.4th 896, 903 (8th Cir. 2025) (quoting Sexton v. Martin, 210 F.3d 905, 912 (8th Cir. 2000)). Defendants have not produced sufficient evidence to indicate Crook’s speech had an adverse impact on the operations of the District.
October 22, 2025 at 1:27 PM
adamsteinbaugh.bsky.social
Auburn University -- a public institution fully bound by the First Amendment -- fired a landscaper after a student complained about his comments about Charlie Kirk. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
October 22, 2025 at 1:23 PM
adamsteinbaugh.bsky.social
Update from the Mayor of Fairhope, who is hopelessly wrong: 1819news.com/news/item/pe...

Wearing a costume is peaceful.

This is not profanity, but profanity is protected by the First Amendment. Cohen v. California.

This is not obscene. If you think this is erotic, you are alone.
October 20, 2025 at 1:01 PM
adamsteinbaugh.bsky.social
@thekoolaidmom.bsky.social Any chance you can put me in touch with the woman who was arrested or know her name (or know anyone else who has video)? I do pro bono First Amendment work and this looks egregious. Feel free to DM or email me: adam@thefire.org
October 19, 2025 at 2:21 PM