If someone said a state was attacking the First Amendment, most conservatives would assume it was California or New York. But shockingly, it’s Texas — the supposed conservative bulwark — that’s threatening free speech.
Texas House Bill 366, now pending before the state Senate, targets “digitally altered” political ads. But its vague wording and draconian penalties risk criminalizing satire, parody, and grassroots messaging — the very tools conservatives use to fight media bias and elite narratives. Texans must reject this betrayal of core constitutional principles.
HB 366 treats satire, memes, and parody as threats, even though they’ve become essential weapons in the right’s arsenal.
HB 366, sponsored by former Republican Speaker Dade Phelan, requires disclaimers for any political ad containing “altered media” if the originator spends more than $100. The penalty? A Class A misdemeanor and up to a year in jail.
Supporters claim the law would curb AI-generated deepfakes that mislead voters. But the bill doesn’t narrowly target malicious deception — it swings wildly, threatening legitimate political speech.
Conservatives agree that deepfakes pose real risks. A video of Trump endorsing Alexandria Ocasio-Cortez could confuse voters. But HB 366 isn’t a scalpel — it’s a sledgehammer. It treats satire, memes, and parody as threats, even though they’ve become essential weapons in the right’s arsenal.
The bill’s flaws are obvious. “Altered media” can mean anything — a high-tech AI fake or a Photoshopped image of Phelan in a cowboy hat. The $100 threshold? Pocket change in the world of online ads. That barely covers a few boosted X posts or a Canva subscription. The law targets ordinary citizens, not professional propagandists.
Enforcement falls to the Texas Ethics Commission, which will find itself chasing down conservative meme-makers. Post a viral cartoon mocking your opponent? Forget the fine print and face jail time. That’s not transparency — it’s censorship backed by handcuffs.
State Rep. Shelley Luther, one of the few real conservatives in Austin, nailed it: “We’re banning political memes and giving people up to a year in jail for failing to attach a disclosure to a cartoon.”
She’s right. Memes are a modern megaphone. They slice through corporate media spin and Big Tech suppression. From “Let’s Go Brandon” to Trump’s dance clips, they connect with voters in a way that no white paper or campaign ad ever could.
Under HB 366, a well-timed meme could land you behind bars.
What’s Phelan’s motivation here? He blames the rise of deepfakes. In this case, it’s personal. A 2024 mailer featured an altered image of him hugging Nancy Pelosi. But instead of toughening up, he decided to muzzle political ridicule. State Rep. Nate Schatzline called the bill “anti-American.” He’s right. The First Amendment doesn’t make exceptions for thin-skinned Republicans.
HB 366 hands more power to the elites — media gatekeepers, tech censors, and government bureaucrats — to decide what counts as “deceptive.” Conservatives, once again, will be the first targets. As Jefferson warned, “An unjust law is no law at all.” This bill insults the Constitution and the voters it claims to protect.
Instead of punishing citizens, lawmakers should narrowly target AI-generated deepfakes created with the intent to deceive. Use civil penalties, not jail time. Raise the spending threshold to $10,000 to focus on major players, not patriots with PayPal accounts. And educate voters to spot deception — don’t criminalize dissent.
Texas is the last place conservatives should expect to fight for free speech. But if this bill passes, no red state is safe. HB 366 doesn’t just endanger Texans — it threatens the digital backbone of the conservative movement.
Memes, satire, and humor have carried our message where mainstream channels won’t. Let’s not let bad law do what the left couldn’t: silence us.
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