Posting a political meme could soon land you in jail—if State Rep. Dade Phelan gets his way.
House Bill 366 would make it a crime to distribute altered media, including political memes, without a government-approved disclaimer. Violators could face up to a year in jail.
The State Affairs Committee will take up the bill by the former speaker of the House on Wednesday, alongside a slate of energy transmission legislation. It is the first hearing of the committee on legislation this session.
The bill specifically targets political advertising that features an “image, audio recording, or video recording of an officeholder’s or candidate’s appearance, speech, or conduct that did not occur in reality.” This broad language includes media altered using generative artificial intelligence technology. The Texas Ethics Commission would have the authority to determine the specific format, font, size, and color of the required disclaimer.
Critics say the legislation raises serious First Amendment concerns.
Fort Worth attorney Tony McDonald, who specializes in First Amendment litigation, blasted the measure, saying, “It’s amazing that this ridiculous bill is the top priority of the Texas House’s most powerful committee. This bill is obviously unconstitutional. It would criminalize protected speech on the basis of its content.”
Notably, the legislation could have sweeping implications beyond political advertising.
For example, the “Drunk Dade” parody call-ins on Michael Berry’s radio program would seemingly be criminalized under the proposed law, as they involve audio recordings that portray an officeholder’s speech in a way that “did not occur in reality.”
Additionally, the bill leaves questions about enforcement and selective prosecution.
Courts have routinely struck down laws that regulate political discourse based on content, citing the First Amendment’s strong protections for satire and parody.
Phelan did not respond to a request for comment.
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