Overview

• The U.S. Court of Appeals for the Second Circuit unanimously reversed Douglass Mackey’s 2023 conviction for conspiracy against rights and remanded with instructions to enter an acquittal.
• The panel found that posting memes alone, even with intent to injure voting rights, did not satisfy Section 241’s requirement of a knowing agreement among multiple participants.
• Judges ruled prosecutors supplied no evidence that Mackey viewed or participated in private Twitter group chats purportedly central to the alleged scheme.
• Trial testimony showed about 5,000 users texted the meme’s number, nearly all received automated warnings, and there was no indication anyone was misled into abstaining from voting.
• Mackey celebrated the decision on X, hailed it as a vindication of free speech, and announced plans to sue the federal government.