In a significant victory for free speech, Douglass Mackey, known online as “Ricky Vaughn,” was acquitted on July 9, 2025, when the Second Circuit Court of Appeals unanimously overturned his 2023 conviction for election interference. Mackey had been sentenced to seven months in prison for posting satirical memes during the 2016 presidential election, including one that jokingly suggested Hillary Clinton supporters could vote by texting “Hillary” to a number. Prosecutors claimed this was a voter suppression scheme, alleging Mackey conspired to deceive Black and Latino voters. The appeals court, however, ruled that the government failed to prove Mackey knowingly entered into a conspiracy, stating that posting memes, even with intent to mislead, didn’t meet the threshold for a criminal violation under the 1870 Enforcement Act. This ruling, celebrated across platforms like X, reaffirmed that satirical content, however provocative, is protected speech.
The case sparked heated debate over the boundaries of online political humor. Mackey, a far-right influencer with 58,000 Twitter followers in 2016, was ranked by MIT Media Lab as a top election influencer, amplifying his memes’ reach. His “vote-by-text” meme, designed to mimic Clinton campaign ads, was part of a broader effort in private Twitter groups to create viral, pro-Trump content. While prosecutors argued it tricked 4,900 people into texting a number, no evidence showed anyone was actually prevented from voting. Critics, including Tucker Carlson and Donald Trump Jr., framed Mackey’s prosecution as political persecution by the Biden DOJ, targeting him for mocking Clinton. The acquittal exposed the risks of overreach in applying outdated laws to modern internet culture, with the court warning against criminalizing “distasteful” political speech.
The fallout from Mackey’s case highlights the tension between combating misinformation and protecting free expression. Supporters on X, like @RevolverNewsUSA, hailed the ruling as a rebuke to the DOJ’s attempt to “jail him for jokes,” noting personal tolls like Mackey missing his son’s birth due to legal battles. Critics of the original conviction argued it set a dangerous precedent, potentially chilling online satire under the guise of election protection. The Second Circuit’s decision to remand the case for a judgment of acquittal underscored that memes, even if offensive or misleading, don’t inherently constitute criminal conspiracy. This outcome may embolden digital provocateurs but also prompts questions about how to address deceptive election tactics without curbing speech, leaving a complex legacy for future cases.