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Meme Maker Wins: Douglass Mackey’s Conviction for ‘Vote‑by‑text’ Joke Overturned, Court Slams DOJ

Hol

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The Second Circuit Court of Appeals has overturned the criminal conviction of conservative meme-maker Douglass Mackey, ruling that the government failed to present sufficient evidence that he knowingly joined a conspiracy to violate voting rights when he posted satirical memes ahead of the 2016 election.

Mackey, known online as “Ricky Vaughn,” was convicted in March 2023 for sharing memes that suggested Hillary Clinton supporters could vote by text message. On Wednesday, a three-judge panel of the Second Circuit reversed the decision, finding the government’s evidence insufficient to prove that Mackey knowingly joined any agreement to deprive voters of their rights.



The decision is a major blow to the Biden administration’s controversial use of a Civil War-era statute to prosecute a meme posted nearly a decade ago. Mackey was charged under 18 U.S.C. 241, a law originally intended to combat violent intimidation of voters by groups like the Ku Klux Klan. Mackey’s legal team and supporters criticized the ACLU for staying silent on the case, despite its implications for political speech, and noted that the DOJ waited until January 2021 — just days after President Biden took office — to bring the charges.

The case exposed a glaring double standard, as public figures on the left have made similar jokes about misleading voters without facing any legal consequences. Late-night host Jimmy Kimmel, for example, told Trump supporters to “vote late” on his show, implying they should cast their ballots after Election Day. The Biden DOJ has not charged him or others with voter interference.

 
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