Appeals court overturns election-interference conviction for creator of anti-Hillary Clinton meme
The court found there was insufficient evidence to prove that the defendant knowingly agreed to join a conspiracy.
The U.S. Second Circuit Court of Appeals on Wednesday overturned the election-interference conviction for Douglass Mackey – who in 2023 was found guilty of interfering in the 2016 presidential race with a meme that appeared to try to Hillary Clinton voters.
The court wrote in its decision that Mackey argued "that the evidence was insufficient to prove that he knowingly agreed to join the charged conspiracy. We agree. Accordingly, we REVERSE Mackey’s conviction and REMAND the case to the district court with instructions to enter a judgment of acquittal."
The meme for which Mackey was convicted encouraged supporters of Clinton, the 2016 Democratic presidential nominee, to cast vote for her by text.
The social media meme included a picture of a woman with a pro-Clinton sign and included the message: "Avoid the Line. Vote from Home. Text 'Hillary' to 59925[.] Vote for Hillary and be a part of history.
He was sentenced to seven months in prison, though the 2nd Circuit Court of Appeals stayed the sentence, pending his appeal.
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