Federal appeals court vacates Douglass Mackey’s conviction for 2016 voter suppression memes, citing lack of conspiracy evidence.

Appeals Court Rules in Favor of Meme Creator

An appeals court has reversed the conviction of Douglass Mackey, a self-described right-wing influencer, who was previously found guilty of conspiring to suppress Democratic voter turnout during the 2016 presidential election by spreading false information on social media. The unanimous ruling by the U.S. Court of Appeals for the 2nd Circuit voids the federal conspiracy charges and a seven-month prison sentence previously imposed by a Brooklyn jury.

The three-judge panel determined that “no rational jury” could have concluded Mackey, 36, had “knowingly” joined others in an illegal conspiracy to influence the election or deprive citizens of their right to vote. Chief Judge Debra Ann Livingston wrote, “The jury’s verdict and the resulting judgment of conviction must be set aside.” The case was remanded to the U.S. District Court for the Eastern District of New York for a new judgment of acquittal.

Mackey, known online as “Ricky Vaughn,” used his Twitter account to share memes styled as Hillary Clinton advertisements, which falsely informed voters they could cast their ballots via text message. Prosecutors argued these posts aimed to suppress votes for Clinton in support of then-candidate Donald Trump. Mackey amassed nearly 58,000 followers and became a well-known figure in the right-wing social media landscape leading up to the 2016 election.

Lack of Proof of Conspiracy Leads to Acquittal

In 2023, Mackey was convicted of federal conspiracy charges and sentenced to seven months in prison. However, the appeals court concluded that his posts, even if intended to mislead voters, did not constitute sufficient evidence that he conspired with others to commit a crime. “The government was obligated to show that Mackey knowingly entered into an agreement with other people to pursue that objective,” wrote Chief Judge Livingston, joined by Judges Reena Raggi and Beth Robinson. “This the government failed to do.”

Mackey celebrated the decision on social media, posting “HALLELUJAH!” on X shortly after the verdict. He went on to thank his family, wife, lawyers, and supporters, and hinted at possible legal action over his prior conviction.

The court’s decision is a significant development in the legal debate over online political speech and criminal liability for misinformation. The ruling underscores the high standard required for conspiracy convictions and raises questions about the future prosecution of digital campaign tactics and so-called ‘trolling’ in U.S. elections.