That might have pushed things into a gray area.
Posted on 12/04/2023 2:41:00 PM PST by CFW
The 7-month prison sentence of Douglass Mackey has been stayed per a federal judge. He was convicted in March for circulating a satirical meme that encouraged Hillary Clinton voters to cast their votes via text in the lead up to the 2016 election.
The Motion Order reads: "granting motion for release pending appeal, at docket entry 16 Mackey's surrender date is stated. The District Court is ordered to determine the appropriate terms of release, without prejudice to the government's making a future request for detention, on behalf of Appellant Douglass Mackey, It is further ordered that this appeal is expedited. Mackey's initial brief will be due on or before January 5, 2024. The government's response will be due on or before February 5, 2024. Mackey's reply brief will be due on or before February 20, 2024. The Clerk is directed to calendar this appeal as soon as practicable after February 20, 2024."
(Excerpt) Read more at thepostmillennial.com ...
Finally some good news on this political prosecution.
Working links to donate to his defense fund is included at the article in the following statement from MacKey:
“”If we lose the appeal in the Second Circuit, we will swiftly file an appeal with the Supreme Court,” Mackey said. “I want to extend my gratitude and thanks to all benefactors, supporters, and all of the great attorneys who have worked on my case. It is not cheap, however, to appeal a case in the federal court system, so I am asking you to please help us fund this case in any way you can. Prayers are also welcome and appreciated, and I will, of course, keep all benefactors and supporters in my prayers. If you wish to support my cause financially, you may donate via the Meme Defense Fund, a third-party nonprofit that has generously lent its support to this case. You also have the option of donating via GiveSendGo.”
It’s to the point if firing squads.
Of course she did.
That might have pushed things into a gray area.
“MacKey‘s mistake was not making a satirical poster. That’s protected by the 1A. His mistake was probably including Hillary’s official website and her campaign symbol, the H with an arrow. It’s at the bottom right corner.
That might have pushed things into a gray area.”
I disagree. There is no gray area here. If someone is so stupid they think you can vote for text based on instructions from a random twitter post, they are too stupid to vote. Similar memes and “instructions” have been posted on social media ever since that medium was created. Normal people (such as those with more than two brain cells), even if wondering if voting by text is possible, would double-check with official channels to make sure.
Bkmk
A little more info on the trial in this article:
As in:
“During the trial, one of the government’s testifying witnesses was an FBI informant who still actively operates anonymous right-wing Twitter accounts. According to prosecutors, the informant operates accounts similar to the Ricky Vaughn account. They claimed that the two worked in tandem to spread “misinformation.”
The informant plead guilty to the same charge that Mackey has been found guilty of. His identity has been protected because he is allegedly still working with the FBI in respect to other Twitter users.”
Be careful of social media posters encouraging you to ramp up your rhetoric. Even here at FR. You may not be serious when you say something along the lines of “we are going to have to destroy them”, but statements such as that can be used to convict you of something as serious as terrorism, even if you just mean at the voting booth. Especially when coupled with other statements made when taken out of context. For an example, look at how the feds and the media portrayed the little ole ladies walking into the Capitol on January 6, 2021. They used social media statements to bolster their case that the protesters planned to disrupt official proceedings even though they just wanted to speak out and have their voices heard.
Of course, since it also more effectively reaches a much greater audience,
it comes with a greater risk of jail, in any commie fascist environment that
desperately needs vast amounts of #MemUnition fired at it without mercy.
~Easy
#wwg1wga
#NCSWIC
#MemeUnition
https://truthsocial.com/tags/MemeUnition
> If someone is so stupid they think you can vote for text based on instructions from a random twitter post… <
That is a fair counter-argument. Under the “reasonable person” theory of law, no reasonable person would have been fooled.
But here’s the thing. Liberal judges will look for any possible opening. Mackey gave them that opening.
Democrats and their minions are setting a lot of precedents that will come back to bite them in the rear.
Do they really want to do this? They won’t when it is turned on them and they will whine and complain and demand double standards.
Too bad the Court only has the power to reverse the conviction, and (potentially but very rarely) to impose sanctions on the prosecutor. Everything else would be the result of a second proceeding.
“Democrats and their minions are setting a lot of precedents that will come back to bite them in the rear.”
That is what I’m hoping when remembering their changing the rules on filibustering judges back when they thought they would be in power for ever and ever (the Reid rule). They were so shocked when a new and unexpected GOP majority Congress unexpectedly used their methods against them.
However, so much has changed since even that short few years ago. We seem to have federal judges ruling (D)ifferently on almost identical cases based upon political affiliation. Plus, the Republicans seem to have a habit of retreating when they instead should be marching forward in lockstep driving their enemy before them. Rest assured, we no longer have opposition parties that play by the same rules. We are practically in enemy combat with the progressive left. The GOP are more worried about surrendering the field without creasing their pants or mussing their tie than they are engaging the enemy.
Every last person involved should be SUED into Homelessness, the Supreme Court “Created” the legal fiction known as “qualified immunity” and they need to reverse it to bring back freedom to this country and STOP the Tyranny
18 U.S.C. § 242 This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. It is not necessary that the offense be motivated by racial bias or by any other animus.
Jail them all until we can gin up enough rope for a proper disposition.
“Every last person involved should be SUED into Homelessness, the Supreme Court “Created” the legal fiction known as “qualified immunity” and they need to reverse it to bring back freedom to this country and STOP the Tyranny.”
You have that right! Those who are supposed to recognize and protect our rights are given a free pass to violate them with no punishment. All by the doctrine of sovereign or qualified immunity. Ninety-nine point nine nine percent of our federal and state employees have never even read the Constitution much less know how it applies to them in their official duties. When discussing the Constitution and people’s rights, they think the document was written to restrict the citizen’s rights but give THEM unrestricted power.
Then I remember that the acronym DOJ means; Department of Just-Us.
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