Tag: memes

Will Biden and Harris Criminalize Memes?

There is no doubt that Douglass Mackey, the man behind the 2016 election-era alt-right “Ricky Vaughn” Twitter troll account, is a miscreant. He spewed anti-Semitic and otherwise abhorrent bile from his pseudonymous perch, contributing to a hostile Twittersphere climate. 

Nevertheless, the Biden Department of Justice (DOJ) is legally wrong—and engaging in petty harassment of a political enemy—to expend limited prosecutorial resources to target Mackey, whose Twitter account has long been suspended, for alleged conspiracy to deprive others of their constitutional rights. 

DOJ’s press release summarizes Mackey’s legally relevant underlying conduct: “As alleged in the complaint, between September 2016 and November 2016, in the lead up to the November 8, 2016, U.S. presidential election, Mackey conspired with others to use social media platforms, including Twitter, to disseminate fraudulent messages designed to encourage supporters of one of the presidential candidates…to ‘vote’ via text message or social media, a legally invalid method of voting.” The DOJ complaint specifies that the law Mackey is charged with violating is 18 U.S.C. § 241, which covers, in relevant part: “two or more persons conspir[ing] to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.”

Hold aside the point that voting in the United States constitutional order is, contrary to what myriad progressive Supreme Court justices have mused, better understood not as a “right” but as a state-regulated privilege subject only to federal oversight via circumscribing constitutional (namely, the 15th, 19th, 24th, and 26th Amendments) and statutory (namely, the Voting Rights Act of 1965) provisions. Prosecutors in the Eastern District of New York (EDNY) still have to prove an actively coordinated, multi-party conspiracy, and that such a conspiracy did not merely produce fraudulent tweets, but that those tweets actually had the effect of oppressing, threatening, or intimidating Hillary Clinton supporters who intended to vote for their preferred candidate. That is, in short, highly dubious—this case isn’t going anywhere. Moreover, who would have guessed that the Biden DOJ took such a dim view of Clinton voters, believing them to be so easily manipulated? 

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Social Media Influencer Charged with Election Interference Stemming from Voter Disinformation Campaign

The complaint alleges that in 2016, Mackey established an audience on Twitter with approximately 58,000 followers. A February 2016 analysis by the MIT Media Lab ranked Mackey as the 107th most important influencer of the then-upcoming Election, ranking his account above outlets and individuals such as NBC News (#114), Stephen Colbert (#119) and Newt Gingrich (#141).

As alleged in the complaint, between September 2016 and November 2016, in the lead up to the Nov. 8, 2016, U.S. Presidential Election, Mackey conspired with others to use social media platforms, including Twitter, to disseminate fraudulent messages designed to encourage supporters of one of the presidential candidates (the “Candidate”) to “vote” via text message or social media, a legally invalid method of voting.

For example, on Nov. 1, 2016, Mackey allegedly tweeted an image that featured an African American woman standing in front of an “African Americans for [the Candidate]” sign.  The image included the following text: “Avoid the Line. Vote from Home. Text ‘[Candidate’s first name]’ to 59925[.] Vote for [the Candidate] and be a part of history.”  The fine print at the bottom of the image stated: “Must be 18 or older to vote. One vote per person. Must be a legal citizen of the United States. Voting by text not available in Guam, Puerto Rico, Alaska or Hawaii. Paid for by [Candidate] for President 2016.”

The tweet included the typed hashtags “#Go [Candidate]” and another slogan frequently used by the Candidate. On or about and before Election Day 2016, at least 4,900 unique telephone numbers texted “[Candidate’s first name]” or some derivative to the 59925 text number, which was used in multiple deceptive campaign images tweeted by the defendant and his co-conspirators.

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Man Arrested for Legal ‘Anti-Police Meme’ as ACAB Declared Felony Gang Lingo

Two rather insidious moves by law enforcement recently have gone relatively unreported in the mainstream. Because the implications for attacking free speech associated with them are extremely important, we feel compelled to bring them to our readers. It appears that criticizing or speaking out against law enforcement is putting targets on the backs of police critics.

The first worrisome move by anti-free speech law enforcement has to do with the statement “All Cops Are Bastards” or ACAB. This phrase dates back over a century to 1920s England and has been used by those critical of police ever since, becoming the popular abbreviation ACAB in 1940s by striking workers who clashed with the police.

ACAB banners, shirts, posters, graffiti, and signs are frequent staples at police brutality protests worldwide. While the Free Thought Project doesn’t believe in blanket statements that insult vast swaths of people, we stand by everyone’s right to make them — and so does the constitution.

However, that constitutional right to say ACAB is under attack and could soon land people on watch lists or even years in jail. During a police brutality protest in Arizona in October, law enforcement made multiple arrests, which is quite common. However, after the arrests, prosecutors made an insidious move to criminalize the speech used by the protesters as felonious.

The protesters were hit with felony street gang charges because they used the abbreviation ACAB.

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‘This Is Atrocious’: Congress Crams Language to Criminalize Online Streaming, Meme-Sharing Into 5,500-Page Omnibus Bill

Lawmakers in Congress are under fire from digital rights campaigners for embedding three controversial changes to online copyright and trademark laws into the must-pass $2.3 trillion legislative package—which includes a $1.4 trillion omnibus spending bill and a $900 billion Covid-19 relief bill—that could receive floor votes in the House and Senate as early as Monday evening.

The punitive provisions crammed into the enormous bill (pdf), warned Evan Greer of the digital rights group Fight for the Future, “threaten ordinary Internet users with up to $30,000 in fines for engaging in everyday activity such as downloading an image and re-uploading it… [or] sharing memes.”

While the citizenry had almost no time to process the actual contents of the 5,593 page legislative text, Greer said Monday afternoon that the CASE Act, Felony Streaming Act, and Trademark Modernization Act “are in fact included in the must-pass omnibus spending bill.”

As Mike Masnick explained in a piece at TechDirt on Monday:

The CASE Act will supercharge copyright trolling exactly at a time when we need to fix the law to have less trolling. And the felony streaming bill (which was only just revealed last week with no debate or discussion) includes provisions that are so confusing and vague no one is sure if it makes sites like Twitch into felons.

“The fact that these are getting added to the must-pass government funding bill is just bad government,” Masnick added. “And congressional leadership should hear about this.”

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