By Chris McNutt

In 2023, the Texas House faced a grave threat to free speech with House Bill 1585, also known as the “Gag Act”. Authored by Republican Representative Charlie Geren, the bill sought to silence grassroots groups by banning discussions of politicians’ voting records unless organizations complied with burdensome reporting requirements.

Had it passed, the bill would have forced groups like Texas Gun Rights (TXGR) to hand over private donor information, exposing citizens to harassment, intimidation, and cancel culture retaliation simply for supporting pro-gun advocacy. More dangerously, it would have prohibited organizations from even mentioning a politician’s name during an election cycle, effectively shielding anti-gun incumbents from public scrutiny.

But thanks to relentless grassroots activism from TXGR members and supporters, the Gag Act was successfully defeated and not filed in the 2025 legislative session. Texans made it clear: their right to hold elected officials accountable is non-negotiable.

The Threat Isn’t Over: HB 366 Lurks as a New Danger

Although the Gag Act was pushed back for now, a new threat has emerged in the form of House Bill 366, filed by disgraced former Speaker Dade Phelan. This bill would criminalize AI-generated memes and political mail that lack “proper disclaimers” – even if created in a humorous or satirical manner.

While HB 366 is framed as “ethics reform,” in reality, it’s a thinly veiled attempt to clamp down on free speech, especially on the grassroots’ ability to mock or criticize politicians in creative ways.

Even worse, HB 366 could be used as a vehicle to reintroduce the Gag Act by amendment. The political elite in Austin will do anything to shield themselves from accountability. After all, they have already:

• Handed unprecedented power to Democrats by elevating them to influential committee positions.
• Failed to deliver on major conservative reforms in the 2025 legislative session with nearly half of the session being over with.
• Stalled on advancing key pro-gun legislation that Texans demanded  — and they promised to deliver — during campaign season.

One such priority that has been stalled this session, HB 162—filed by Representative Briscoe Cain to ban “red flag” gun confiscation laws—has been referred to the House State Affairs committee, which is much less friendly to gun rights (on paper) as compared to the House Committee on Homeland Security, Public Safety, and Veterans Affairs, where most firearms-related bills are traditionally heard.

This referral raises serious concerns. It could be a deliberate move to stall or quietly kill the bill—a political maneuver that the Gag Act would have made it illegal to even talk about.

The Clock is Ticking

Texans have every right to be frustrated. Instead of focusing on pro-gun reforms, the political establishment seems more concerned with protecting their own reputations and silencing dissent.

If HB 366 moves forward – and especially if the Gag Act is amended into it – grassroots activists could be criminalized for simply speaking out, making it easier for politicians to coast to re-election without facing scrutiny for their actions.

In fact, under the Gag Act, even this very news story could be prohibited if there were any paid promotion behind it. It would be illegal to criticize a politician’s actions or even raise concerns about legislative maneuvers like referring HB 162 to a less-friendly committee.

But there’s still time to reverse course. The legislature must:

• Prioritize HB 162 to ban red flag laws.
• Reject any effort to silence Texans through bills like HB 366.
• Prove they stand with their constituents – not the political elite protecting their own power.

The grassroots have been loud and clear. Now it’s time for Texas lawmakers to deliver.