Conviction Overturned in First Amendment Case Against Douglass Mackey

In a major win for free speech and due process, the Second Circuit Court of Appeals has reversed the conviction of our client, Douglass Mackey, and ordered the district court to enter a judgment of acquittal.

Mackey had been charged and convicted in the Eastern District of New York for allegedly conspiring to deprive individuals of their right to vote—based solely on three memes he posted or reposted on Twitter in the days leading up to the 2016 election. These posts, which sarcastically suggested that supporters of Hillary Clinton could "vote by text," were treated by the government as part of a criminal conspiracy under 18 U.S.C. § 241.

But the appeals court saw it differently.

The government’s case relied heavily on a handful of private Twitter group chats—conversations they claimed demonstrated an intent to interfere with the election. However, as the court pointed out, there was no solid evidence that Mackey had viewed or participated in those conversations at all. Without that, the government couldn’t prove he knowingly joined any conspiracy.

The court was clear: the evidence simply didn’t support the charge.

This case has drawn national attention, raising serious questions about the boundaries of political speech online and the government’s use of conspiracy statutes. This ruling is a powerful reaffirmation that protected speech is not a crime—and that the government cannot secure a conviction without real proof of criminal intent.

We’re proud to have fought this all the way—and even prouder of the result.