Summary
This Second Circuit Court of Appeals opinion reverses the defendant's criminal conviction for conspiring to violate voting rights under 18 U.S.C. § 241 after he posted text-to-vote memes on Twitter. The court held that the government failed to present sufficient evidence that the defendant knowingly agreed with others to commit the charged offense, as required for a conspiracy conviction. Consequently, the appellate court remanded the case with instructions to enter a judgment of acquittal.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to prove beyond a reasonable doubt that Mackey knowingly entered into and participated in a conspiracy to injure citizens in the exercise of their right to vote under 18 U.S.C. § 241.
- Whether Mackey's posting or reposting of text-to-vote memes, without proof that he was aware of the alleged conspiratorial discussions or shared the alleged conspirators' unlawful purpose, established the required agreement.
Holdings
- The evidence was insufficient to establish beyond a reasonable doubt that Mackey knowingly entered into an agreement with others to injure citizens in the exercise of their right to vote. His posting or reposting of text-to-vote memes, without evidence that he viewed or participated in the relevant conspiratorial discussions, did not prove knowing participation in the conspiracy.
- Evidence that Mackey may individually have intended to mislead voters, or that he retweeted another text-to-vote meme, did not establish the unlawful agreement required for a conspiracy under Section 241.
Key quotations
“Section 241 criminalizes only conspiracies between “two or more persons.”” (143 F.4th 129)
“A Section 241 conviction requires proof that the defendant knowingly entered into an unlawful agreement.” (143 F.4th 129)
“His “mere association with those implicated in an unlawful undertaking is not enough to prove knowing involvement.”” (143 F.4th 129)
Factual background
Mackey posted or reposted three Twitter memes shortly before the 2016 presidential election falsely suggesting that Hillary Clinton supporters could vote by text message. Similar memes and strategies had been discussed in private Twitter message groups, including the War Room, but the government did not establish that Mackey viewed or participated in those discussions. Mackey testified that he obtained the memes from the public website 4chan, and the government presented no evidence that his posts caused anyone to cast an invalid ballot.
Procedural history
A grand jury indicted Mackey on one count of conspiring to injure, oppress, threaten, and intimidate persons in the exercise of their right to vote. After a five-day jury trial, the jury found him guilty on March 31, 2023. The district court denied his post-trial motion challenging the sufficiency of the evidence, sentenced him principally to seven months in prison, and entered judgment on October 25, 2023. The Second Circuit reversed the conviction and remanded with instructions to enter a judgment of acquittal.
Remand instructions
The district court was instructed to enter a judgment of acquittal.