I think the whole point of this prosecution is to make all of us live in fear. It’s not to teach Mackey a lesson, it’s to teach us not to cross them or else.
The trial has been extensively covered in the media. You can read what the witnesses have attested to, you can see the evidence the prosecutor had, you can see the lame defense the guys lawyer tried to mount. You can see how he tried to fake cry and apologize. The trial was 5 days and guilty. It was not over a meme.
As proven at trial, between September 2016 and November 2016, Mackey conspired with other influential Twitter users and with members of private online groups to use social media platforms, including Twitter, to disseminate fraudulent messages that encouraged supporters of presidential candidate Hillary Clinton to “vote” via text message or social media which, in reality, was legally invalid. For example, on November 1, 2016, in or around the same time that Mackey was sending tweets suggesting the importance of limiting “black turnout,” the defendant tweeted an image depicting an African American woman standing in front of an “African Americans for Hillary” sign. The ad stated: “Avoid the Line. Vote from Home,” “Text ‘Hillary’ to 59925,” and “Vote for Hillary and be a part of history.” The fine print at the bottom of the deceptive 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 Hillary For President 2016.” The tweet included the typed hashtag “#ImWithHer,” a slogan frequently used by Hillary Clinton. On or about and before Election Day 2016, at least 4,900 unique telephone numbers texted “Hillary” or some derivative to the 59925 text number, which had been used in multiple deceptive campaign images tweeted by Mackey and his co-conspirators.
This is not the only case where folks were sending out bogus tweets trying to convince voters to text their vote. This is not about free speech. This is all about spreading mis-information.
It was a joke. But ok, let’s say you are right. How about now applying the same standard to the girl who did the same thing? She got 843K views. Way more than Mackey. He got like 58K.
She didn’t give specific instructions whereas he gave an actual number to text and records show that 4900 unique phone numbers actually texted “Hillary” to that number so it’s probable that he actually did fool some people into thinking they’ve voted by text.
It’s a stretch for prosecution and lowers the bar. Let’s just prosecute everyone for the smallest perceived thing they put on social media! It’s would be like barney Fife arresting the entire town of Mayberry…
Then if the number being tricked was relevant, did they not take a survey of those calls and ask if the person had not voted because he thought he had done so online?