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Texas GOP Goes Woke: New Bill Could Jail You for Sharing Memes

Texas House Bill 366 aims to slap handcuffs on anyone daring to share a political meme without a government-sanctioned disclaimer.

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In a move that would make the Founding Fathers spin in their graves, Texas lawmakers seem to think the First Amendment is just a pesky suggestion.

Apparently, in the land of big hats and bigger egos, a snarky JPEG is now a threat to democracy. Texas lawmakers are ready to police your Photoshop skills.

The Texas House of Representatives passed House Bill 366 on Tuesday by a vote of 106-39, with two members present but not voting and two absent.

Sponsored by Rep. Dade Phelan, R-Beaumont, the bill makes it a Class A misdemeanor to distribute political advertising containing altered images, audio, or video, including AI-generated content, without a government-sanctioned disclaimer stating that the content is not real.

Violators face up to one year in jail and a $4,000 fine.

The Texas Ethics Commission would set the disclaimer’s format, including font, size, and color.

The law applies to candidates, officeholders, or groups spending over $100 on such ads to influence elections. Media platforms, broadcasters, and internet hosts are exempt from liability.

If signed into law, HB 366 will take effect September 1, 2025.

Critics, including First Amendment attorney Tony McDonald, argue the bill’s broad language could criminalize satire and parody, violating constitutional protections.

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Courts have consistently overturned similar content-based speech regulations.

Public backlash has been fierce, with many calling the bill a response to Phelan’s personal grievances over mocking memes.

Under the Biden administration, the Department of Justice was weaponized against free speech with one social media user serving nearly a year in prison for posting a meme.

In January 2021, the FBI arrested Douglass Mackey, a 31-year-old social media influencer known as “Ricky Vaughn,” in West Palm Beach, Florida.

Mackey was charged with conspiring to violate voters’ rights during the 2016 presidential election by posting memes that falsely urged Hillary Clinton supporters to “vote by text” to a fake number.

One meme featured a Black woman with a pro-Clinton sign, captioned, “Avoid the line. Vote from home. Text ‘Hillary’ to 59925.”

Prosecutors said 4,900 unique phone numbers texted the number, potentially suppressing votes.

In March 2023, Mackey was convicted of conspiracy against rights under 18 U.S.C. § 241 and sentenced to seven months in prison in October 2023.

His defense argued the memes were satirical, protected by the First Amendment, but the jury rejected this, citing intent to deceive.

The case, now under appeal, has raised concerns about criminalizing political satire.

In the UK, individuals regularly face imprisonment for social media posts, including memes, deemed offensive or inciting under stringent laws like the Communications Act 2003 and Public Order Act 1986.

In 2018, Mark Meechan, known as “Count Dankula,” was convicted for a YouTube video where he trained his dog to perform a Nazi salute as a joke, captioned as a meme-like prank.

He was fined approximately $1,000 under the Communications Act for posting “grossly offensive” content, though he avoided jail.

In 2024, Lucy Tran, a 37-year-old from Cambridge, was sentenced to 15 months in prison for posting allegedly “racist memes” and comments on Facebook that "incited racial hatred" during riots.

Her posts included images mocking ethnic minorities, deemed to breach public order laws. In another case, James Farrell, 38, received a 30-month sentence in 2024 for sharing memes and videos on X that incited violence against asylum seekers, violating anti-incitement laws.

Forget the First Amendment, forget satire’s role in keeping power in check—let’s all bow to the Texas Ethics Commission’s font-size commandments.

If this is the Lone Star State’s idea of freedom, maybe it’s time to trade in those cowboy boots for some comfy slippers and a VPN. Yee-haw for censorship!

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Alicia Powe

Breaking News @TheRiftTV

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