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Outrage Erupts as Texas House Passes Bill That ‘Criminalizes Political Memes’

The Texas House has made political waves by passing a bill that says a government-approved disclosure is required when altered images or recordings are posted online as part of political campaigns.

The bill passed 106-39, according to a legislative website. It will now go to the state Senate and, if it passes there, Gov. Greg Abbott.

The bill’s text says that, “A person may not, with the intent to influence an election, knowingly cause to be published, distributed, or broadcast political advertising that includes an image, audio recording, or video recording of an officeholder’s or candidate’s appearance, speech, or conduct that did not occur in reality.”

The bill said online posts with “an image, audio recording, or video recording that has been altered using generative artificial intelligence technology” are banned “unless the political advertising includes a disclosure from the person or another person on whose behalf the political advertising is published, distributed, or broadcast indicating that the image, audio recording, or video recording did not occur in reality.”

Violators could face up to a year in jail or a $4,000 fine. The bill said the Texas Ethics Commission would decide the format for the required disclosure.

In a post on social media platform X, the Foundation for Individual Rights and Expression said, “The bill raises serious First Amendment concerns.”

Should Texas Gov. Greg Abbott veto this bill if it reaches his desk?

Fort Worth attorney Tony McDonald, who takes First Amendment cases, was among those who denounced the bill, according to Texas Scorecard.

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“It’s amazing that this ridiculous bill is the top priority of the Texas House’s most powerful committee,” he said in March as the bill was being considered. “This bill is obviously unconstitutional. It would criminalize protected speech on the basis of its content.”

In a post on X, The Report attacked the bill.

“This is not ‘election integrity.’ This is an all-out war on free speech,” the post said, adding “HB 366 turns Texas into California with cowboy boots. This isn’t about protecting voters. It’s about silencing critics. It’s about punishing political mockery. It’s about narrative control. Texas was supposed to defend liberty. Instead, it’s branding speech as criminal. Welcome to the era of compelled speech. Mock the regime? You’re now a criminal.”

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The Texas House Research Organization said the bill seeks to address AI concerns.

“Concerns have been raised that advances in artificial intelligence (AI) technology have made it easier to falsely represent an officeholder’s or candidate’s appearance, speech, or conduct in political advertising. Some have suggested that requiring disclosures on artificially-modified political advertisements with accompanying enforcement mechanisms could help prevent voters from being misled,” it said on the Texas House website.

But many who weighed in on the bill feel differently.

“I oppose this bill. It is a violation of my God-given right to freedom of speech according to the First Amendment of the US Constitution,” Julie Croy of China Spring, Texas, said in a comment posted to the public comment section of the website explaining the bill’s content.

“This bill flies in the face of protected political speech under both the 1st Amendment of the US Constitution and Article I, Section 8 of the Texas Constitution,” John Boligiano of Llano, Texas, said.

“Satire and parody are powerful tools available to the people in pointing out the foibles of their presumed ‘betters.’ Any bar on the use of these tools is a danger to the political power of the people of Texas, who hold such power as an inherent right as laid out in Article I, Section 2 of the Texas Constitution,” he said.

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