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Ban Red Flag Laws, Not Memes: Texas House Advances Free Speech Crackdown

Austin, TX — The Texas House of Representatives advanced House Bill 366 this week—legislation that could chill grassroots political speech and muzzle nonprofits like Texas Gun Rights (TXGR), even as lawmakers continue to drag their feet on banning red flag gun confiscation in the Lone Star State.

HB 366, pushed by House Speaker Dade Phelan, would criminalize certain forms of political advertising that use altered images or video, including AI-generated or satirical content. 

 
The bill makes it a Class A misdemeanor to publish political material that depicts an event or conduct that “did not occur in reality” unless the publisher includes a government-prescribed disclaimer.

Critics say the measure is a direct assault on First Amendment rights, particularly for advocacy organizations that rely on memes, mailers, and satire to highlight the records of politicians during election season.

“This is a clear attempt to silence our supporters and criminalize political dissent,” said Chris McNutt, President of Texas Gun Rights. “They’d rather punish meme makers than pass real protections for gun owners.”

Despite overwhelming grassroots support for legislation to ban red flag laws, the House prioritized HB 366 for early movement—while bills to stop gun confiscation without due process remain untouched on the floor calendar.

Red Flag Ban Stalled… Until Now

One of the most critical bills for gun owners this session, Senate Bill 1362, would prohibit any form of red flag law in Texas—a growing concern among constitutional conservatives after federal grants were approved to fund red flag initiatives in several states.

SB 1362 had appeared to stall in the legislative process. But in a development that has breathed new life into the ban, State Rep. Cole Hefner pledged this week to co-author and carry the bill in the House.

“Cole Hefner’s commitment to SB 1362 is a shot in the arm for pro-gun Texans,” McNutt said.

The legislation would codify protections against the enforcement of red flag orders—government actions that allow firearms to be seized based on accusations alone, often without a hearing or due process.

With Deadlines Looming, Pressure Mounts


The clock is ticking at the Capitol. 
 
With legislative deadlines fast approaching, TXGR is mobilizing its members with digital ads, text message campaigns, and thousands of calls and emails to lawmakers across the state.

Meanwhile, HB 366’s advancement stands as a warning: instead of securing gun rights and due process, the House is focusing on cracking down on speech that makes them uncomfortable.

“They haven’t stopped red flag confiscation yet,” McNutt said, “but they’re fast-tracking a bill to criminalize political memes? The session isn’t over yet, but the clock is ticking.”

Gun owners across Texas are watching. And with the grassroots surging, the next few days could determine whether Texas cements its pro-gun legacy—or lets it slip away under pressure from establishment politicians.

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