Texas House Passes Bill Criminalizing Political Memes, Raising Free Speech Concerns
A shocking development has occurred in Texas, a state often associated with defending liberty, as the Texas House has passed House Bill 366 (HB 366). This bill, which we believe is deeply unamerican, criminalizes political memes and other altered media unless they include a government-approved disclaimer. Offenders could face up to a year in jail for failing to comply with the new requirements.
HB 366 specifically targets any altered media showing a politician doing or saying something that “didn’t happen”. This broad language includes satire, parody, AI clips, and even radio comedy. We understand that this could potentially include effective political memes created by our video editors that go viral.
The bill, introduced by Representative Dade Phelan, claims to be a step towards transparency and integrity in political advertising. However, critics, including ourselves, argue that it is an all-out war on free speech. Many believe its real goal is to protect fragile politicians from public scrutiny and punish political mockery.
Under HB 366, the Texas Ethics Commission will have unprecedented control, dictating the font size, color, and format of the required disclaimer. This means the state is literally regulating how we can joke or comment politically through altered media.
Prominent voices are already condemning the bill. Fort Worth attorney Tony McDonald, specializing in First Amendment litigation, blasted the measure as “obviously unconstitutional” because it criminalizes protected speech based on its content. We completely agree; this bill criminalizes protected speech.
The language of the bill is alarmingly broad. While the official text mentions that it makes it a misdemeanor for someone working for a campaign to use altered media with intent to influence an election without disclosing it was altered, we fear this is a slippery slope. The law could easily be enforced against individuals who aren’t political advertisers, including YouTubers and content creators like ourselves. We can see this coming – they might deem a video we made a “political ad” and go after us for it.
Despite strong opposition, HB 366 passed the Texas House with 106 votes in favor and 39 against. This represents about 80% of the representatives voting for this measure. The bill is currently passed to engrossment. The effective date for this law is set for September 1, 2025.
We believe this is narrative control and compelled speech. Instead of defending liberty, Texas seems to be branding free speech as criminal. We find it amazing that this “ridiculous bill” is a top priority. We believe this needs to get overturned by the Supreme Court immediately.
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