A federal appeals court has overturned the conviction of Douglass Mackey, the meme creator sentenced to seven months in prison for posting a satirical image ahead of the 2016 election. The unanimous ruling, issued Tuesday by the 2nd U.S. Circuit Court of Appeals, could mark a significant shift in how courts interpret political speech on the internet.
Mackey, known online as “Ricky Vaughn,” was convicted in March 2023 of violating 18 U.S.C. § 241—commonly referred to as the Ku Klux Klan Act—for allegedly conspiring to deprive Americans of their right to vote. The Biden Justice Department argued that Mackey’s tweet, which sarcastically encouraged Hillary Clinton supporters to “vote by text,” constituted a deliberate effort to mislead voters.
But the appeals panel disagreed. The three-judge panel—comprising both Republican and Democrat-appointed judges—ruled that prosecutors had failed to demonstrate that Mackey knowingly engaged in a criminal conspiracy.
The court determined that posting a false or politically misleading meme does not, on its own, constitute a federal conspiracy unless there is clear evidence of an agreement or coordinated effort to suppress votes. Prosecutors had alleged that Mackey collaborated with others between September and November 2016 to spread deceptive memes online—one of which featured a woman in front of an “African Americans for Hillary” sign.
The tweet read, “Avoid the Line. Vote from Home. Text ‘Hillary’ to 59925.” Trial testimony revealed that roughly 5,000 people followed the meme’s instructions. However, nearly all recipients received an automated message clarifying that the posts were not connected to the Clinton campaign. The 2nd Circuit ultimately found that “no evidence at trial showed that Mackey’s tweets actually misled anyone into improperly casting their vote.”
Mackey posted the appeals court’s decision online. “BREAKING: THE SECOND CIRCUIT COURT OF APPEALS HAS THROWN OUT MY CONVICTION FOR LACK OF EVIDENCE,” he posted on X. “THE CASE HAS BEEN REMANDED TO THE DISTRICT COURT WITH ORDERS TO IMMEDIATELY DISMISS. HALLELUJAH!”
“Praise God. God is good,” he added in a string of celebratory posts. “UNANIMOUS DECISION by both Republican and Democrat judges. Now we sue.” In a pinned message, Mackey also thanked his legal team and supporters: “I would like to thank God, thank my family, thank my beautiful wife, attorney Andrew Frisch, the incredible attorneys at Jones Day, and YOU—the friends who prayed and donated and spread the word since day one.”
