Oklahoma Social Media “Meme” Threat Charges After the Charlie Kirk Case

A recent story describes retired Tennessee officer Larry Bushart, who spent thirty-seven days in jail after sharing a Facebook meme about a candlelight vigil for Charlie Kirk. The charge was “threatening mass violence at a school.” Prosecutors later dropped the case, and Bushart is now suing the sheriff and county for allegedly violating his First and Fourth Amendment rights. What if you posted a similar meme in Oklahoma?

Accused of a Social Media Threat in Oklahoma?

If you’ve been accused of making a threatening or harassing electronic communication, attempting or threatening an act of violence, or malicious intimidation in Oklahoma, reach out for a free consultation at 405-633-3420 or fill out our secure online contact form. Early legal advice can help protect your rights and shape the rest of your case.

What Happened in the Tennessee Charlie Kirk Meme Case?

According to the reporting, Bushart commented on a Facebook post advertising a local vigil for Charlie Kirk. He shared a meme that quoted Donald Trump’s comment after a 2024 school shooting at Perry High School in Iowa and added the caption, “This seems relevant today.” The meme pointed back to a past tragedy in another state, not to a concrete plan to attack anyone in Tennessee.

Even so, officers obtained a warrant, arrested Bushart for “threatening mass violence at a school,” and a judge set a two-million-dollar bond. Because he couldn’t pay, he remained in jail for more than a month until prosecutors dismissed the felony. With help from the Foundation for Individual Rights and Expression (FIRE), he has now filed a federal civil-rights lawsuit claiming there was no probable cause and that officials punished him for protected political speech.

How Oklahoma Criminal Law Reaches Social Media Threats

Oklahoma doesn’t use the exact Tennessee statute, but several crimes can reach social media posts that police view as threats or harassment. The main ones are:

• Obscenity, Threats, or Harassment by Telephone or Other Electronic Communication – 21 O.S. § 1172.
• Attempt or Threaten Acts of Violence – usually charged under 21 O.S. § 1378(B).
• Malicious Intimidation or Harassment (Hate Crime) and Inciting Imminent Violence – 21 O.S. § 850(A), (B), (C).

Because these statutes overlap, Oklahoma prosecutors often have charging choices. That decision affects whether you face a misdemeanor, a felony, or a hate-crime enhancement and what kind of bond a judge might set.

Obscene, Threatening, or Harassing Electronic Communications

Under 21 O.S. § 1172, it’s illegal to use an electronic communication device to make obscene communications or to communicate with the intent to terrify, intimidate, harass, or threaten to inflict injury or physical harm, or to put someone in fear of physical harm or death. The statute expressly covers Internet and social media communications, including posts, comments, and direct messages.

OUJI-CR 4-32A breaks this offense into elements. You must act willfully, use an electronic communication device, and either make obscene content, communicate with the intent to terrify, intimidate, harass, or threaten injury or physical harm, or communicate with the intent to put someone in fear of physical harm or death. That intent requirement matters. Prosecutors have to prove more than an edgy or tasteless joke; they must show you meant the message as a threat or harassment.

Threaten Acts of Violence and Hate-Crime-Based Communications

Oklahoma’s “attempt or threaten acts of violence” statute, 21 O.S. § 1378(B), focuses on willful threats to perform acts of violence that would cause serious bodily injury or death. The related OUJI-CR “Threaten Act of Violence” instruction requires proof that you communicated a serious threat of an act of violence, not just dark humor or criticism. Planning or attempting the act can expose you to higher felony penalties.

Meanwhile, 21 O.S. § 850(A) covers malicious intimidation or harassment based on race, color, religion, ancestry, national origin, or disability, and § 850(B) and (C) address inciting imminent violence against people or property because of those traits. OUJI-CR 4-32 stresses the need for a specific bias motive and reminds courts that First Amendment limits apply when a statute targets speech. Because of that, a meme about a public figure or political topic is unlikely to fit § 850 unless it includes a true threat or explicit call for imminent violence.

Would the Bushart Meme Likely Be a Crime in Oklahoma?

Let’s apply the Bushart meme onto Oklahoma law. The meme referenced a past Iowa school shooting and quoted Trump, then said, “This seems relevant today,” in the context of a Tennessee vigil for Charlie Kirk. It didn’t name an Oklahoma school, identify a victim, or describe any plan to attack anyone.

For 21 O.S. § 1172, Oklahoma officers would need probable cause that you used electronic communication with the intent to terrify, intimidate, harass, or threaten injury, or to put someone in fear of harm or death. For 21 O.S. § 1378(B), they’d need probable cause that your post was a serious threat to commit an act of violence causing serious bodily injury or death. A meme that comments on a past tragedy and political response, without any concrete plan or specific target, looks much more like protected political hyperbole than a true threat.

Because of that, a defense lawyer in Oklahoma would likely argue that a Bushart-style meme doesn’t satisfy the elements of § 1172 or § 1378. A judge reviewing a warrant, a motion to quash, or a motion to dismiss could decide that probable cause is missing and that treating the meme as a crime violates both Oklahoma law and the First Amendment.

Procedural Issues in Oklahoma Online Threat Cases

Even when charges get dismissed, the process itself can punish you. In Oklahoma, your lawyer can challenge the arrest warrant and probable cause affidavit, especially if officers left out key context, misquoted your post, or ignored clarifying details. If the court finds that probable cause didn’t exist, it may suppress evidence gathered after the arrest and weaken the State’s case dramatically.

Bond is another pressure point. Oklahoma judges look at the seriousness of the charge, your history, and any claimed danger to the community. However, a sky-high bond used to punish speech rather than address real risk raises constitutional concerns. A two-million-dollar bond for a nonviolent speech case, like Bushart’s in Tennessee, would almost certainly be attacked as excessive in an Oklahoma district court.

If your case ends in dismissal after a weak arrest, you may also have civil options. Depending on the facts, you could explore federal civil-rights claims or state-law actions like malicious prosecution or false arrest. Those claims are complex, so you’ll want counsel who understands both Oklahoma criminal procedure and civil litigation strategy.

Practical Takeaways for Oklahoma Social Media Users

So what should you do if you enjoy sharp political memes or dark humor online? First, remember that Oklahoma does criminalize true threats and targeted harassment. If a post clearly suggests shooting up a school, harming a specific person, or committing another violent act, you’re in the danger zone for 21 O.S. § 1172, 21 O.S. § 1378, or 21 O.S. § 850.

Second, if Oklahoma officers contact you about a post, you don’t have to explain yourself on the spot. You can calmly say that you want to talk to a lawyer before answering questions or deleting anything. Online threat cases turn heavily on context, screenshots, and interpretation, so quick off-the-cuff comments can be misunderstood or used against you later.

Third, if you’re already under investigation or charged, you should get counsel immediately. At The Urbanic Law Firm, we regularly handle threatening and harassing communication charges and other speech-related prosecutions, and we appear in district courts across the state, as reflected in our overview of Oklahoma state criminal courts.

Key Oklahoma Legal Terms for Social Media Threat Cases

Because these cases often turn on words and context, it helps to know a few important Oklahoma legal terms:

• Electronic communication – Under 21 O.S. § 1172, this covers most digital messages, including texts, emails, social media posts, and online comments.
• Act of violence – In 21 O.S. § 1378, this means an act that would cause serious bodily injury or death, not just emotional upset or political offense.
• Serious bodily injury – Oklahoma law treats this as harm that creates a substantial risk of death, extreme physical pain, or long-lasting impairment or disfigurement.
• Probable cause – The set of facts and reasonable inferences that would lead a reasonable officer to believe you committed a specific crime.
• True threat – A statement that a reasonable person would see as a serious expression of intent to commit unlawful violence, rather than a joke, rant, or exaggeration.

FAQs About Oklahoma Social Media Threat Charges

Can you be arrested in Oklahoma over a meme on Facebook or X?

Yes, you can be arrested in Oklahoma if a meme looks like a true threat or targeted harassment under statutes like 21 O.S. § 1172 or 21 O.S. § 1378. However, courts must still respect the First Amendment, so political jokes or commentary without a real intent to harm are often protected.

What Oklahoma law applies if a social media post mentions a school shooting?

In Oklahoma, prosecutors may look at 21 O.S. § 1378 if a post suggests a future act of violence at a school, especially if it sounds like a serious plan. They might also use 21 O.S. § 1172 if the message targets specific people or officials and is intended to terrify or harass them.

How does Oklahoma decide whether an online post is a “true threat”?

Oklahoma courts review the words used, the context, your history with the target, and how a reasonable person would interpret the post. If the statement sounds like a serious promise of unlawful violence rather than a joke, rant, or exaggeration, it’s more likely to qualify as a true threat.

Could Oklahoma treat a meme like the Tennessee Bushart meme as a crime?

Oklahoma authorities could investigate a meme similar to the Bushart meme, but they’d still need probable cause under Oklahoma statutes and the First Amendment. If the meme only comments on a past tragedy and doesn’t threaten a specific Oklahoma target, a criminal case would face serious legal hurdles.

What should you do if Oklahoma police contact you about a social media threat?

If Oklahoma officers contact you about an online post, you should stay calm and avoid giving detailed statements before talking to a lawyer. Because online speech cases are fact heavy and context driven, getting legal advice early can help protect your rights and avoid missteps.

This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated December 23, 2025. Consult the statutes listed above for the most up-to-date law.