Category Archives: chicanery

“At worst [Douglas Mackey’s tweets containing false information about how to vote] were calculated to cause voters to send futile text messages and then stay home on election day.”

chicanery, First Amendment theory
Pretty remarkable statement in Douglas Mackey’s reply brief in his criminal appeal before the Second Circuit. To me, the “at worst” it seems pretty bad! As a reminder, Protect Democracy and the Yale Media Freedom and Information Access Clinic filed … Continue reading

In Trump Immunity Case at SCOTUS, Alabama and 21 States Ask for Stay Because of “Speculation,” “True or Not” That Trump Election Subversion Prosecution “was Calculated to Silence or Imprison President Biden’s Political Rival”

chicanery, Supreme Court
Shameless: The sudden urgency has invited public speculation that this case has an improper purpose—to influence the 2024 election. Amici States represent millions of Americans, many of whom worry that the timing of this prosecution was calculated to silence or… Continue reading

Our Amicus Brief in United States v. Mackey: Lying About When, Where or How People Vote Violates Federal Law (18 USC 241) and Prosecution is Consistent with the First Amendment

cheap speech, chicanery, First Amendment theory
Protect Democracy and the Yale Media Freedom and Information Access Clinic filed this Second Circuit amicus brief (with me as client and co-counsel) in United States v. Mackey. Mackey was convicted “under 18 U.S.C. § 241 for conspiring “to use… Continue reading