Second Circuit Overturns Conviction of Douglas Mackey
The Second Circuit has reversed the criminal conviction of Douglas Mackey, a conservative known as “Ricky Vaughn,” concluding that there wasn’t enough evidence to show that the government deliberately participated in a conspiracy to infringe on voting rights when he shared a satirical meme prior to the 2016 election.
Mackey faced conviction in March 2023 for posting a meme implying that supporters of Hillary Clinton could cast their votes via text message. On Wednesday, a panel of three judges from the Second Circuit determined that the government’s evidence was inadequate to demonstrate that Mackey intentionally entered into an agreement to disenfranchise voters.
According to the judge, “Simply posting a meme doesn’t imply that Mackey intended to harm other citizens’ voting rights.” The government, the judge noted, needed to show that Mackey had knowingly collaborated with others to pursue that goal, which they failed to do.
The court found no indications that Mackey had been involved in any group message that was allegedly used to coordinate the meme campaign. Furthermore, they pointed out that the memes were already circulating online, and the government’s arguments about Mackey’s alleged involvement being part of a broader scheme were based on speculation.
Following the ruling, Mackey expressed his triumph in a series of posts. “Destruction: The Second Circuit Court of Appeals overturned my conviction due to insufficient evidence,” he celebrated. The case was remanded to the district court, which quickly dismissed it. Mackey rejoiced, stating, “Hallelujah! Praise God! Now we sue.” He thanked his family and supporters, emphasizing the unanimous decision from judges across the political spectrum.
Mackey encouraged his followers to donate to his legal funds to support ongoing legal costs and potential lawsuits against the Department of Justice.
This decision represents a significant setback for the Biden administration’s use of Civil War-era laws in prosecuting memes from nearly a decade ago. Mackey was charged under 18 USC 241, a statute designed to combat violent intimidation by groups like the Ku Klux Klan. Critics of the prosecution noted this instance highlighted double standards, as public figures on the left also engaged in similar humor about misleading voters without facing legal repercussions.
In his defense, Mackey’s legal team contended that the meme was satire and therefore protected political speech. The court agreed, stating that without clear evidence of an illegal agreement, posting a joke could not be a federal crime. The evidence simply did not support the claim that Mackey was aware of any illicit plans, rendering the charges against him overly burdensome.
