Texas, long considered a conservative stronghold, is now at the center of a First Amendment firestorm — and this time, it’s the Republican establishment pulling the trigger. House Bill 366, introduced by former GOP Speaker Dade Phelan, aims to regulate “digitally altered” political ads. But instead of zeroing in on dangerous AI deepfakes, the bill’s vague language threatens to criminalize memes, satire, and grassroots messaging — the very tactics that have fueled conservative success online.

HB 366 would make it a Class A misdemeanor — punishable by up to a year in jail — to run a political ad containing “altered media” without a disclaimer, if you spend more than $100. That tiny dollar threshold means just about anyone boosting a meme on X could be ensnared by the law. Conservatives who use humor, parody, or visual exaggeration to challenge elite narratives could now face criminal charges in a supposedly red state.

Defenders of the bill say it’s meant to combat deepfakes that mislead voters, like AI-generated clips of Trump endorsing Alexandria Ocasio-Cortez. But critics say the bill is a sledgehammer, not a scalpel. It doesn’t clearly define what “altered media” means, leaving everything from photoshopped cartoons to harmless memes vulnerable to prosecution.

State Rep. Shelley Luther, one of the few voices pushing back, called it out plainly: “We’re banning political memes and giving people up to a year in jail for failing to attach a disclosure to a cartoon.” She’s not wrong. Under this law, someone sharing a silly image of Phelan hugging Pelosi could land behind bars.

The enforcement mechanism is even more concerning. It empowers the Texas Ethics Commission — an unelected body — to police online speech and chase down meme creators. This could turn satire into a crime and dissent into a punishable offense.

So why is Phelan pushing this now? Some say it’s personal. In 2024, he was the subject of a campaign mailer featuring an edited photo of him with Pelosi. Instead of laughing it off, he’s pushing legislation to silence his critics. State Rep. Nate Schatzline didn’t mince words either, labeling the bill “anti-American.”

HB 366 hands dangerous power to media gatekeepers, tech overlords, and bureaucrats to decide what’s “deceptive.” That kind of subjectivity guarantees that conservatives — who dominate meme warfare — will be the first targets.

If lawmakers are truly worried about AI-generated deception, they should draft a narrow law targeting malicious, high-budget disinformation — not everyday patriots with a Canva account. Set a real threshold like $10,000. Use civil fines, not jail time. And trust voters to recognize parody when they see it.

It’s shocking that the fight for free speech is now taking place in Texas. But if HB 366 passes, no red state is safe. This bill doesn’t just endanger Texans — it threatens the digital backbone of the conservative movement.

The left couldn’t silence us. We can’t let a Republican legislature do it either.