In a dramatic reversal, justice prevailed as a federal appeals court overturned the conviction of a conservative social media personality.
Read the tweet further down this post.
The past administration’s attempt to criminalize political humor has been soundly rejected, marking a significant victory for free speech advocates everywhere.
The 2nd U.S. Circuit Court of Appeals ordered a judgment of acquittal for Mackey, who had been convicted of conspiracy against rights in March 2023 and sentenced to seven months in prison.
The court cited insufficient evidence that Mackey conspired to suppress votes in the 2016 election, effectively dismantling the government’s case against him.
Mackey, who operated under the alias “Ricky Vaughn” with 58,000 followers, had posted memes suggesting Democrats could vote by text.
This content that prosecutors claimed was designed to mislead Hillary Clinton supporters.
Approximately 5,000 people texted the number shown in the memes, but 98% received automated warnings that the method was invalid, and no evidence suggested that anyone was actually prevented from voting properly.
The three-judge panel, which included appointees from both GOP and Democrat presidents, unanimously concluded that posting memes alone did not constitute a conspiracy to violate voting rights.
Their ruling directly contradicted the trial judge, who had previously labeled Mackey’s actions as “an assault on democracy.”
Chief Judge Debra Ann Livingston and Judges Reena Raggi and Beth Robinson wrote:
“The mere fact that he posted the memes, even assuming that he did so with the intent to injure other citizens in the exercise of their right to vote, is not enough, standing alone, to prove a violation of the conspiracy law.”
“The government was obligated to show that Mackey knowingly entered into an agreement with other people to pursue that objective. This the government failed to do,” they concluded.
While prosecutors attempted to use private Twitter group messages as evidence, the court found no proof that Mackey participated in these exchanges.
The ruling effectively nullified the jury’s previous guilty verdict, with Chief Judge Debra Ann Livingston declaring, “The jury’s verdict and the resulting judgment of conviction must be set aside.”
Meanwhile, conservative legal experts have long argued that Mackey’s prosecution was politically motivated, representing government overreach against right-leaning voices.
Upon hearing the court’s decision, Mackey expressed both relief and determination, stating, “Praise God. God is good. Now we sue.”
BREAKING: THE SECOND CIRCUIT COURT OF APPEALS HAS THROWN OUT MY CONVICTION FOR LACK OF EVIDENCE
THE CASE HAS BEEN REMANDED TO THE DISTRICT COURT WITH ORDERS TO IMMEDIATELY DISMISS
HALLELUJAH!
— Douglass Mackey (@DougMackeyCase) July 9, 2025
This suggests he may pursue legal action against those responsible for his prosecution, potentially opening a new chapter in the fight against government persecution of conservative voices.
The Eastern District of New York, which prosecuted the case, has declined to comment on its defeat.
In the meantime, free speech advocates are celebrating this ruling as a crucial precedent that limits the government’s ability to criminalize political speech, even when that speech contains satire or misinformation that some might find objectionable.
This case represents yet another example of the deep state’s failed attempts to silence conservative voices through weaponized government agencies.
The appeals court’s decision reinforces that Americans’ First Amendment rights cannot be sacrificed at the altar of political correctness or partisan vendettas.
