The case against Mackey's joke meme is a free speech issue and was brought by leftists to silence their political opposition. Mackey's 7-month prison sentence has been stayed per a federal judge. Mackey wrote, "This ruling is huge because it means that the appeals court decided that my appeal presents 'substantial' and 'debatable' issues of law that, if resolved in my favor, will result in my conviction being vacated." He added that if he loses his appeal, he intends to take his case to the Supreme Court.

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 Discrict Court is ordered to determinet 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."

The motion was signed by Judge Omar Williams of the United States District Court for the District of Connecticut.

Mackey spoke about the motion on X, saying that "The Second Circuit Court of Appeals just overruled the District Court in granting our motion for bond pending appeal. This ruling is huge because it means that the appeals court decided that my appeal presents 'substantial' and 'debatable' issues of law that, if resolved in my favor, will result in my conviction being vacated. The prosecution, on the other hand, argued that my appeal was frivolous and that this was a typical election crime case like any other in U.S. history. This is a very encouraging step towards vindication."