Texas state representatives and free speech advocates are condemning the passage of a Texas House bill that could potentially criminalize memes.
H.B. 366 stated that any political candidate, officeholder, or political committee that shares an “image, audio recording, or video recording” altered even slightly in vaguely defined “political advertising” would be charged with a “Class C misdemeanor.” This would involve a fine of hundreds of dollars or even $2,000, and possibly up to 180 days in jail. After the Texas House passed former Speaker Dade Phelan’s H.B. 366 on Tuesday, multiple Texas representatives and free speech advocates eviscerated the bill on X as a serious threat to First Amendment rights.
“Curious what the Texas House is doing today? I'll tell you: We're banning political memes and giving people up to a year in jail for failing to attach a disclosure to a cartoon. Democrats, of course, are rallying around this bill. What a joke,” Texas Rep. Shelley Luther (R-62) posted on Wednesday.
Luther’s fellow state Rep. Brian Harrison (R-10) angrily declared, “The Texas House is about to vote to CRIMINALIZE POLITICAL MEMES… with a bill by Dade Phelan. This is an assault on the 1st amendment… and an absolute disgrace to the state of Texas.”
Republican precinct chair and podcaster Sarah Fields shared a screenshot of the vote tally with the comment, “I have no words. Here is the vote.”
News outlets and other entities also commented. “The bill would imprison anyone who posts a political meme for up to one year if the meme does not have a government disclaimer,” The Calvin Coolidge Project warned. Revolver News was more aggressive, posting, “Texas just turned into the UK: GOP House passes dystopian bill criminalizing memes.”
The Chris Salcedo Show weighed in too: “UNREAL! @DadePhelan's bill to criminalize internet memes that politicians don't like. The Texas Senate should kill this bill and if needs be, @GregAbbott_TX should veto this direct attack on the 1st Amendment!”
It remains to be seen if the dangerous bill will pass the Texas Senate and be signed by Republican Gov. Greg Abbott.
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