Anti-Hillary Election ‘Meme’ Case Could Open The Floodgates To More Gov’t Censorship, Legal Experts Warn

Douglass Mackey’s Friday conviction for an election “meme” he posted on his account with over 58,000 followers has legal experts raising alarm bells about its impact on free speech.

A jury convicted Mackey for conspiring to deprive others of their right to vote through a meme he posted during the 2016 election, which advertised a way to vote for Hilary Clinton via text message. First Amendment experts say Mackey’s conviction is based on an expansive interpretation of a Conspiracy Against Rights law that could impact other forms of speech, from satire to lies in election campaigns.

While the First Amendment allows for punishing fraud, “it’s not clear Mackey’s actions qualify as fraud in a legal sense,” Aaron Terr, director of Public Advocacy for the Foundation for Individual Rights and Expression (FIRE), told the Daily Caller News Foundation.

“Fraud generally requires a speaker to make a false statement to obtain money or something of material value from the injured party, who relies on the false statement to their detriment,” he said. Even if Mackey’s actions did qualify, Terr also noted that the Justice Department indicted him using a statute that goes beyond fraudulent speech.

“It criminalizes conspiring to ‘injure’ or ‘oppress’ someone in the exercise of any constitutional right,” he said. “If that vague language covers speech that deceives people into voting improperly, it raises the troubling possibility of the government also applying it to allegedly false statements about political issues or candidates that discourage people from voting, not just misrepresentations about the logistics of exercising the franchise. Anyone who cares about free speech should be concerned about how the government might abuse this vague and broadly worded law to chill the spirited public discourse on which our democracy depends.”

After being charged with Conspiracy Against Rights, Mackey faces up to ten years in prison. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law at UCLA, told the DCNF there are two primary routes he could take for an appeal.

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MEME TRIAL: Defendant says he wasn’t committing ‘election interference’, was simply trying for viral meme

On Monday, attorneys gave their opening arguments in the trial of internet meme maker Douglass Mackey, also known as Rickey Vaughn, with his lawyer Andrew Frisch telling a federal jury that Mackey wasn’t looking to trick voters when he posted Hillary Clinton memes in 2016 telling supporters to “vote from home” via text messaging.

Frisch said that Mackey was merely attempting to go viral, according to the New York Daily News, stating that Mackey was “sh*t-posting,” or “stuff-posting” as he told the jury.

“It means what it says — he was posting stuff,” Frisch said. “A lot of it was online trash-talking. Juvenile, sure, and some of it was vulgar.”

“Whatever your reaction when you hear his views … whether he was a great thinker or a neanderthal caveman, you will see that none of it is proof of a criminal conspiracy.”

According to Rolling Stone, Frisch argued that people had begun texting the number only after media outlets began covering the meme. He noted that two people texted “Hillary for prison” to the number.

Federal prosecutors claimed that Mackey worked with fellow meme makers to create the Twitter posts and make them as real as possible.

“This wasn’t about changing votes. This was about vaporizing votes, making them disappear,” said Assistant US Attorney Turner Buford.

“The number was real and set up to receive incoming messages,” he explained. “The release of these fake campaign ads was timed to flood the internet before Election Day.”

Mackey posted the memes on November 1, a week before the election, and Frisch said that the meme’s message was “ludicrous to anyone with a basic knowledge of how presidential elections work,” the New York Daily Mail reported.

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Biden DOJ Crusade to Jail Young Man for Anti-Hillary Memes Just Got Much Uglier

Last month, Revolver profiled the Biden Administration’s persecution of former Twitter anon Doug Mackey, who was a famous pro-Trump voice back in 2016 under the moniker of Ricky Vaughn.

For those whose memory is foggy, a quick review: In the late stages of the 2016 race, Mackey posted several memes, designed to resemble Hillary Clinton campaign images, claiming that supporters could vote by simply texting a phone number.

The memes were a Twitter-generation version of the common joke about telling one’s political opponents to turn out for the election next Wednesday. But, in an unprecedented move, the Biden Administration says Mackey violated the Ku Klux Klan Act by systematically acting to strip Americans of their civil rights. The KKK Act was passed to prevent literal assaults and terrorism that prevented black Americans from voting, but now the DOJ’s prosecutors say it applies to satirical online speech — they say Mackey broke the law, even though they can’t produce a single person who failed to vote due to Mackey’s stunt.

(By the way, you can donate to Mackey’s legal defense here or here or here).

All of that is bad enough, but newly-unsealed documents released on Wednesday reveal new, sinister depths to the DOJ’s agenda.

Last fall, we warned about a new tool in the arsenal of weapons used by the regime to justify censorship and rolling back the basic rights of Americans. With this new tool, corrupt journalists like Taylor Lorenz can dox, harass, and lie about anyone they want and enjoy total immunity from criticism. Why? Well, if you dare to criticize a journalist like Lorenz, someone, somewhere, might become outraged and decide to commit an act of violence. With this remarkable censorship tool, the media’s attack dog journalists are magically absolved from any criticism because some nut job, somewhere, maybe, at sometime, might act violently upon this criticism.

The tool goes by the name “stochastic terrorism.”

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Most Important First Amendment Case You’ve Never Heard Of: Biden Regime Tries to Toss a Young Man in Jail for 10 Years for Anti-Hillary Memes

Douglass Mackey is alleged to be one of the many anonymous Twitter users who made the 2016 election so different, so memorable, and so important.

Like other anonymous internet memesmiths (anons), Mackey had no external reason that anyone should care what he said. He held no office. He had no byline at an elite publication. He had no vast pool of wealth that conferred legitimacy, deserved or undeserved, on what he had to say.

Mackey’s notability, like that of Bronze Age Pervert or Libs of TikTok, came exclusively from what he had to say, and that people found it funny and compelling. Over the summer and fall of 2016, Mackey allegedly went by the nom-de-tweet Ricky Vaughn (after Charlie Sheen’s character in Major League) and collected tens of thousands of followers who found him funny and compelling. Mackey was not single-handedly responsible for getting Donald Trump elected. But the work he allegedly did along with dozens of others is what made Trump’s victory possible. An MIT analysis estimated that Ricky Vaughn was a bigger influence on the 2016 election than NBC News.

But for the regime, the specter of anonymous individuals making the system tremble was too much. And so, for more than two years, the regime has been battling to send Mackey to prison.

You might not know much about Mackey’s case. It’s far less notorious than the January 6 prosecutions, or the murder trial of Kyle Rittenhouse. But in terms of how much the speech matters for American liberty, it is as important as either of those — perhaps more so. 

In January 2021, shortly after the January 6 incident inaugurated a national anti-MAGA crackdown, the Department of Justice charged Mackey with “conspiring … to deprive individuals of their constitutional right to vote.”

Mackey’s offense? Illegal memes.

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Western Journalists Are Cowardly, Approval-Seeking Losers

Research conducted by New York University’s Center for Social Media and Politics into Russian trolling behavior on Twitter in the lead-up to the 2016 US presidential election has found “no evidence of a meaningful relationship between exposure to the Russian foreign influence campaign and changes in attitudes, polarization, or voting behavior.”

Which is to say that all the years of hysterical shrieking about Russian trolls interfering in US democracy and corrupting the fragile little minds of Americans — a narrative that has been used to drum up support for internet censorship and ever-increasing US government involvement in the regulation of online speech — was false.

And to be clear, this isn’t actually news. It was established years ago that the St Petersburg-based Internet Research Agency could not possibly have had any meaningful impact on the 2016 election, because the scope of its operations was quite small, its posts were mostly unrelated to the election and many were posted after the election occurred, and its funding was dwarfed by orders of magnitude by domestic campaigns to influence the election outcome.

What’s different this time around, six years after Trump’s inauguration, is that this time the mass media are reporting on these findings.

The Washington Post has an article out with the brazenly misleading headline “Russian trolls on Twitter had little influence on 2016 voters“. Anyone who reads the article itself will find its author Tim Starks acknowledges that “Russian accounts had no measurable impact in changing minds or influencing voter behavior,” but the insertion of the word “little” means anyone who just reads the headline (the overwhelming majority of people encountering the article) will come away with the impression that Russian trolls still had some influence on 2016 voters.

“Little influence” could mean anything shy of tremendous influence. But the study did not find that Russian trolls had “little influence” over the election; it failed to find any measurable influence at all. 

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The Russian Twitter Bots Story Is A Study In Media’s ‘Lie, Set The Narrative, Then Quietly Backtrack’ Playbook

The Washington Post admitted Monday that “Russian trolls on Twitter had little influence on 2016 voters” — years after the Post and other corporate media water-carriers pushed the false story that former President Donald Trump’s election was illegitimate, due in part to Russian interference via bots on Twitter targeting U.S. social media users. The admission cites a New York University study that found “there was no relationship between exposure to the Russian foreign influence campaign and changes in attitudes, polarization, or voting behavior.”

Media treatment of the non-story followed a predictable, three-step process that’s become the propaganda press’s MO: Spread a false claim, control the narrative while crushing dissent with bogus “fact checks,” and then admit the truth only after the news cycle has achieved its intended purpose.

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One lie that hides an enormous conspiracy: Inside the trial that exposes Clinton’s plot to slander Trump

Special Counsel John Durham appears to have methodically built a case of historic consequence. It’s just not the case he has brought against bigshot Democratic Party lawyer Michael Sussmann.

Jury selection begins in Sussmann’s trial on Monday, in Washington, DC. It will be the first trial to arise out of the Russiagate probe, which began over three years ago. That’s when former Trump Attorney General Bill Barr assigned Durham, a longtime Justice Department prosecutor from Connecticut, to investigate how, in the middle of a heated presidential campaign and based upon scant evidence, the FBI came to suspect one of the candidates of being a clandestine agent of the Kremlin — to the point of opening counterintelligence and criminal investigations targeting Donald Trump’s 2016 campaign.

According to court filings in the Sussmann case, Durham has fingered the Hillary Clinton campaign as the culprit. The problem is that Durham has not charged that fraudulent scheme. Yet, he wants to offer evidence of the sweeping scheme in order to prove a comparatively minor and narrow offense — namely, that Sussmann lied to the FBI at a single meeting, on September 19, 2016.

Durham theorizes that the Clinton campaign concocted a political smear that Trump was a Putin puppet, then peddled the tale to a compliant media and to the FBI. This would enable Clinton to tout the “evidence” of corrupt Trump-Russia ties as so serious that the Feds were investigating.

Durham contends that the Clinton campaign left most of the scandal-mongering to its lawyers. Thus did Sussmann become central to the scheme, as did his law partner, Marc Elias. (Both attorneys have since left their white shoe international law firm, Perkins-Coie.) The deployment of lawyers in their schemes and scandals is a time-tested Clinton modus operandi, enabling them to claim attorney-client privilege to cover their tracks when controversy erupts and investigators start snooping around — a frequent occurrence over the last 30 years.

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Top Aide To Hillary Clinton ARRESTED For Raping 11-Year-Old Girl DURING Clinton Presidential Campaign

Here’s yet another criminal act from the Democrats that the media has refused to cover.

A top aide of Hillary Clinton was arrested for the brutal rape of at least one child while serving on her  Presidential campaign.

G. Steven Pigeon was charged with rape and sexual assault of an incredibly young child on December 2, 2021.

Pigeon raped an 11-year-old girl between November and December 2016, when Hillary Clinton’s presidential campaign was winding down, according to the District Attorney.

Pigeon was charged with two counts of sexual assault against a child, one count of rape, one count of criminal sexual act, one count of sexual abuse, and one count of endangering the welfare of a child by the Eric County District Attorney. For these crimes, Pigeon risks a life sentence.

District Attorney John J. Flynn, Jr. said, “This is big boy stuff here. OK? This is rape; this isn’t child molestation. This is rape, and so when we’re talking at that level, all right, we’re talking life in prison.”

According to Flynn, the girl told her mother about the rape four and a half years after it occurred.

Her mother told her lawyer, who in turn called him.

“After the lawyer called me,” Flynn said, “I then gave it to my investigators and gave it to my attorneys, and they went from there.”

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Timeline of alleged “sabotage” of Trump in 2016 by Democrats, Ukraine

The heads of two Senate committees are asking the FBI and the Department of Justice for records related to a reported scheme by Democrats to get “dirt” on the Trump campaign from Ukraine in 2016.

According to reporting in Politico in 2017, the alleged efforts by Democrats and Ukraine to “sabotage” the Trump campaign in 2016 did impact the race, even though Trump won in the end.

Both Politico and Yahoo News interviewed a Democratic National Committee (DNC) consultant named Alexandra Chalupa.

Democrats have repeatedly claimed the reporting on Chalupa, her work for the DNC, her meetings with Ukrainians, and her meetings with reporters in Ukraine and the U.S., is “debunked” and a “conspiracy theory.” In public accounts since the original news articles, Chalupa has claimed her role and intentions have been misrepresented.

A Ukrainian-American, Chalupa reportedly acknowledged in a 2017 interview with Politico that she worked as a consultant for the Democratic National Committee during the 2016 campaign to publicly expose Trump campaign aide Paul Manafort’s links to pro-Russian politicians in Ukraine.

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SpyGate 101: A Primer On The Russia Collusion Hoax’s Years-long Plot To Take Down Trump

As Special Counsel John Durham continues to expose more details of the “SpyGate” or “Russia collusion” scandal, it can be difficult for any apolitical, non-news-junkie member of the public to grasp the ongoing developments.

After all, for more than five years, the corrupt legacy media has refused to report on scandal or done so with a slanted portrayal of the facts. So most Americans remain unaware of the Democrats’ years-long duplicity that sought to destroy first candidate and then President Donald Trump. Add to that reality the overlapping conspiracies and sprawling cast of characters involved, and it can be difficult to follow the story.

That the scandal is dense, however, does not mean it should be ignored. To the contrary, the duplicity must not be disregarded because what Trump’s political enemies tried to accomplish over the course of five years represents the biggest threat our constitutional republic has seen in the last century.

So for those who care about our country and her future but don’t want to be buried in the minutia of the scandal, here is your big-picture primer.

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