- The Texas House passed HB 366, which criminalizes sharing altered media (e.g., memes, deepfakes) of politicians without a government-mandated disclaimer. Violators could face up to a year in jail.
- While supporters claim the bill combats election misinformation, critics argue its broad wording could punish ordinary citizens for sharing satirical content, chilling free speech. Enforcement would fall to the Texas Ethics Commission, raising concerns about government overreach.
- Opponents liken the bill to censorship in regimes like the United Kingdom, where people are prosecuted for "offensive" posts. Legal experts, including First Amendment attorneys, argue the measure is unconstitutional and could criminalize parody.
- The bill's passage recalls the prosecution of Douglass Mackey, jailed for a satirical 2016 meme about voting. Critics warn HB 366 could similarly weaponize the law against dissent under the guise of "election integrity."
- Some Republicans, like State Rep. Shelley Luther, warned of judicial abuse, while Lt. Gov. Dan Patrick may block the bill in the Senate. The debate highlights tensions between preventing misinformation and protecting free expression.
In a move that has alarmed free speech advocates, the Texas House of Representatives passed a bill that could criminalize the sharing of political memes and altered media without a government-mandated disclaimer.
Authored by State Rep. Dade Phelan (R-District 21), House Bill (HB) 366 targets content that depicts politicians saying or doing things they never actually did – a hallmark of satire and political commentary. Violators could face up to a year in jail, raising concerns that the law could suppress humor and dissent under the guise of preventing election misinformation.
The bill – which passed 102-40 – applies to individuals or groups spending more than $100 on political advertising, including boosted social media posts. While supporters argue it combats deceptive "deepfakes," critics say its vague language could ensnare ordinary citizens sharing memes.
The Texas Ethics Commission would enforce the law, determining whether content meets disclosure requirements. This prospect has drawn comparisons to censorship in authoritarian regimes, however.
During a recent debate, State Rep. Shelley Luther (R-District 62) warned of judicial abuse. She asked Phelan, the former speaker of the Texas House: "If someone creates a cartoon, can you go to jail for a year?" Incidentally, Luther was previously sentenced to jail in 2020 for defying Wuhan coronavirus (COVID-19) lockdowns.
In response, Phelan defended the penalty as necessary for compliance. "All you have to do is disclose it," said the former speaker, a notorious Republican in name only (RINO).
From memes to mugshots: HB 366 could jail you for a joke
Opponents warned against HB 366, warning that it could stifle grassroots political expression. State Rep. David Lowe (R-District 91) called the bill "dangerous" in a post on X. The State House's approval of the bill moves it to the Texas Senate – with free speech advocates hoping that Lt. Gov. Dan Patrick, a vocal critic of Phelan, could block its progress.
Legal experts likewise argue the measure is unconstitutional. Fort Worth attorney Tony McDonald, a specialist on the First Amendment, dismissed HB 366 as "ridiculous." He nevertheless warned that it would criminalize free speech.
The bill's broad scope – potentially covering everything from AI-generated videos to radio parodies – has drawn comparisons to restrictive laws abroad, such as the United Kingdom's prosecution of individuals for "offensive" online posts. It also amplifies fears that parody, long protected under the First Amendment, could be punished as a crime. (Related: Police raid German pensioner's home, drag him to court for retweeting meme mocking Green minister as "idiot.")
The controversy echoes the case of Douglass Mackey, who was convicted of election interference for a satirical 2016 post suggesting that supporters of former First Lady Hillary Clinton could "vote by text." Mackey, sentenced to seven months in prison, became a symbol of government overreach – with critics arguing his prosecution set a dangerous precedent.
HB 366's passage in the State House signals a growing trend of lawmakers targeting online speech under the banner of election integrity – a trend that free speech advocates say threatens the very democracy it claims to protect. The debate over it ultimately underscores a broader tension between combating misinformation and preserving free expression.
In an era where memes shape political discourse, the line between satire and deception is increasingly contested. For now, Texans – and Americans watching closely – must weigh whether the government should have the power to decide what counts as a joke.
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