Overview

• The Second Circuit vacated Mackey’s conviction under 18 U.S.C. §241 and remanded with instructions to acquit and dismiss all charges, clearing the path for his immediate release.
• Judges found the government presented insufficient proof that Mackey knowingly joined or participated in any conspiracy to suppress votes.
• The opinion highlighted the absence of evidence showing Mackey viewed or engaged with private groups like the “War Room” where similar memes were discussed.
• As the first application of the Reconstruction-era civil rights statute to online misinformation, the case underscores limits on prosecuting independent digital speech without collusion.
• Mackey, who maintains he downloaded the memes from 4chan and tagged them #MAGA, is exploring legal action over his imprisonment.