Is The Texas House Criminalizing Memes?

A controversial new bill has advanced through the Texas House, and it’s drawing sharp criticism from free speech advocates who argue it threatens to criminalize satire, parody, and political expression online. House Bill 366, authored by former Texas House Speaker Rep. Dade Phelan (R), targets the use of altered media in political advertising, including memes and content generated with artificial intelligence.

"What do you meme?" you might question.

Well, if you live in Texas, Rep. Phelan’s new bill makes it a criminal offense to distribute media 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” unless it includes a government-approved disclaimer.

Violators could face up to a year in jail under the proposed law.

With the new bill, the Texas Ethics Commission would be tasked with regulating the specific formatting of these disclaimers down to the font, size, and color.

Supporters of free speech have slammed the legislation as an unconstitutional overreach. Fort Worth attorney Tony McDonald, an expert in First Amendment law, called the measure “ridiculous” and “obviously unconstitutional.”

“It would criminalize protected speech on the basis of its content,” the attorney said. “This is the top priority of the Texas House’s most powerful committee?”

The bill’s language has also raised alarm over its potential to suppress satire and political commentary. Critics point to radio segments like Michael Berry’s “Drunk Dade” parody, which featured spoofed recordings of Rep. Phelan, as examples of content that could be criminalized under HB 366.

Beyond memes and radio skits, the bill could impact everything from AI-generated videos to altered campaign ads. Legal experts warn the bill may invite selective enforcement and affect political discourse at a time when digital content is central to public debate.

Prominent Republicans in Texas have responded to the bill by sharing memes, warning of the penalties that would come should the bill be signed into law.