The Uniparty Swamp Tried To Ruin Douglass Mackey’s Life Over A Meme — And Lost
Though his arrest came just days after Joe Biden’s inauguration in 2021, the investigation and groundwork for the case were carried out by Trump appointees.Though his arrest came just days after Joe Biden’s inauguration in 2021, the investigation and groundwork for the case were carried out by Trump appointees.'Great victory' for free speech: Pro-Trump influencer convicted over memes talks vindication with Glenn Beck
An appeals court on Wednesday overturned the felony conviction of a pro-Trump social media influencer who was facing prison time for posting satirical memes on Twitter.
Douglass Mackey, also previously known online as Ricky Vaughn, joined "The Glenn Beck Program" on Thursday to share his reaction to the recent decision from the United States Court of Appeals for the Second Circuit.
'Unfortunately, it's not part of the sweeping constitutional ruling that we wanted, but nevertheless, it's a great victory.'
After battling the charges for four and a half years and facing a seven-month prison sentence, Mackey told Blaze Media co-founder Glenn Beck, "Only faith can get you through it."
— (@)
During the 2016 election, Mackey posted memes on his Twitter account, which he told Beck had about 10,000 followers. He noted that he previously had an account with over 60,000 followers, but it was suspended before he made the posts referenced in the Biden Department of Justice's case against him.
"Save time," the posts read. "Avoid the line."
It included instructions on how to "vote from home" for then-Democratic presidential candidate Hillary Clinton via text message.
The posts received only about 100 likes, according to Mackey.
Beck stated, "You have to be a nincompoop to believe this [meme is real]."
RELATED: Appeals court tosses out Biden-era conviction of social media troll for election interference
Despite what some would argue was a clear satirical post, Mackey was convicted in 2023 of conspiracy against rights for attempting to interfere with Americans' right to vote in the 2016 election.
Mackey shared the details of his arrest with Beck.
"Four FBI agents knocked on my door at 7 a.m., and that was seven days after Joe Biden was inaugurated," he said. "They said, 'Are you Douglass Mackey? We have a warrant for your arrest.' The first words out of my mouth were, 'For what?'"
"At the time, I wasn't even on Twitter. But back in the 2016 election cycle, I tweeted thousands of times. So I had no idea. But I did know that once they make you an enemy that it's like, 'Show me the man, and I'll show you the crime,'" Mackey continued. "I was very curious to see what they had cooked up."
Chief Judge Debra Ann Livingston, one of the three judges on the appeals court panel, found that prosecutors' evidence was "inadequate to show his knowing participation in a conspiracy."
While prosecutors claimed that 4,900 unique phone numbers texted the number provided in Mackey's meme, 98% received an automated reply informing them that Clinton's campaign was not affiliated with the post, Livingston noted.
"The government presented no evidence at trial that Mackey's tweets tricked anyone into failing properly to vote," the judge wrote.
Mackey called the case "a total humiliation" for the Biden DOJ.
He expressed some disappointment that the appeals court's decision was not a "sweeping" constitutional victory.
"These appellate courts, once they come to a conclusion on, let's say, one of the grounds, they don't rule on all the other grounds," Mackey explained. "Unfortunately, it's not part of the sweeping constitutional ruling that we wanted, but nevertheless, it's a great victory."
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Appeals court tosses out Biden-era conviction of social media troll for election interference
A popular social media troll who was prosecuted for meme-based election interference had his conviction tossed out for lack of evidence.
Douglass Mackey ran a popular right-wing account on social media that posted memes in 2016 telling supporters of then-candidate Hillary Clinton that they could vote for her by sending a text message on their phones. Prosecutors alleged that the posts constituted election interference.
There was a lack of evidence that Mackey communicated directly with other accounts that conspired to deprive others of their voting privilege.
Two days after Biden was inaugurated in 2021, Mackey was indicted for the scheme, and a jury later found him guilty in 2023. He was sentenced to seven months in prison.
On Wednesday, a three-judge panel of the U.S. Court of Appeals for the Second Circuit overturned the conviction on the basis that there was not enough evidence to support the allegation.
“The jury’s verdict and the resulting judgment of conviction must be set aside,” Chief Judge Debra Ann Livingston wrote.
Among the evidence shown to the jury was a meme of a black woman in front of a sign for African-Americans supporting Clinton. The text on the meme read, “Avoid the Line. Vote from Home,” and “Text ‘Hillary’ to 59925," as well as, “Vote for Hillary and be a part of history.”
Prosecutors said that thousands of texts were sent to the number, ostensibly from those fooled by memes like the one posted by Mackey. His account had 58,000 followers at the time and was considered one of the more influential accounts in the election.
However, the appeals court found that no evidence showed that any voter was influenced by the memes that Mackey posted to his account. The court also said there was a lack of evidence that Mackey communicated directly with other accounts that conspired to deprive others of their voting privilege.
RELATED: Trump-supporting social media figure convicted of election interference, conspiracy over 2016 tweets
"Praise God. God is good. Now we sue,” Mackey responded in a series of posts on social media.
Mackey was accused of posting racist and anti-Semitic messages in his campaign to support then-candidate Donald Trump's first presidential campaign. His account had a profile image of "Ricky Vaughn," the fictional Cleveland Indians pitcher from the "Major League" movie franchise.
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Patriotic heresy: 4 examples of tangling faith with the flag
Many of us just celebrated Independence Day, that most American of holidays, with fireworks, parades, picnics, and backyard cookouts.
Although patriotism is apparently declining in the U.S., even the haters likely enjoyed their hot dogs and day off from work. (See this thoughtful piece about why there’s still much to celebrate despite the downturn in patriotism.)
There's also the limited-edition "President Donald J. Trump Signature Edition" Bible, which will run you a cool $1,000.
As we take down our stars-and-stripes decor, it seems a good time to review how patriotism and Christianity should not be conflated — and how when that happens, it harms the cause of Christ.
Here are a few examples of that confusion.
Recasting worship service as 'Freedom Sunday'
In my general neck of the woods, we have a big church that goes all out for July Fourth, so much that celebrating America takes over the entire worship service the week before.
Dr. Robert Jeffress and First Baptist Dallas are no doubt very patriotic, and "Freedom Sunday" looks like a heck of a show, but this isn't what church is about.
I believe this church — and others that do a “Freedom Sunday” — usually preach Christ, but why take the focus off Him for even one Sunday? It’s glorifying America; is it glorifying God?
Let’s say I’m visiting Canada and I’ve found what I believe to be a solid church that I can attend while visiting. But the Sunday I’m there is right before Canada Day, and instead of worship focused on God, Canadian Mounties ride their horses through the building as the choir sings “O Canada” and sprays everyone with red and white paper maple leaves. It’s glorifying Canada; is it glorifying God?
(Hint: The answer is no, both times.)
Promoting 'Christian nationalism'
Since every secular media outlet now labels all Christians in America Christian nationalists, we need to understand what real Christian nationalists are after.
Misunderstanding the Great Commission, they seek to impose a Christian government, from the top down — in effect “Christianizing” America. Here’s a brief clip from Christian nationalist Joel Webbon's podcast, in which he and his co-hosts discuss how great it would be for the government to forcibly redistribute property from bad churches to “good” churches.
Note their glee at the thought of Big Brother sending soldiers into the street to raid churches.
And lest you be tempted to think any part of that is a good idea, consider that a proudly self-identifying Christian nationalist recently told me I’m going straight to hell because I appreciate John MacArthur’s teaching. So apparently his church would also be forcibly raided, along with most others, since (thankfully) there are not a lot of churches on board with this nonsense.
RELATED: 9 reasons we (still) love America — and you should too
Critiquing the whole movement is beyond our scope today; it’s enough for now to point out the obvious upside-down thinking that leads these men to think Christianity in any way benefits from forcing it on a population. This is the opposite of how we are to approach our neighbors, and this wrongheaded movement is now actively driving people away from Christianity. It’s utterly antithetical to the faith.
Say it with me, louder for the ones in back: This is not what followers of Jesus are here to do.
Wrapping the Bible in Stars and Stripes
Other bad ideas are less Stalin-esque but equally damaging to the faith, and here’s an especially egregious example. Meet the "God Bless the USA Bible."
For just $99.99, you can have your very own "Patriot Edition" of the King James Version Bible, its cover "custom embossed" with the statement: "We are one people united by a common destiny and a shared purpose to love one another and the United States of America," followed by "God Bless the USA" and an image of a billowing American flag.
This is a Bible, but it’s not for everyone, is it? It’s for Americans who love the U.S.
Hey, I’m an American who loves the U.S., but this Bible is a bad idea. Why would we ever tamper with the word of God this way?
And speaking of tampering, according to the product description, this Bible also includes:
- a handwritten chorus to “God Bless the USA” by Lee Greenwood;
- the U.S. Constitution;
- the Bill of Rights;
- the Declaration of Independence; and
- the Pledge of Allegiance.
With the exception of Greenwood’s contribution, these are all important, worthy documents.
But they don’t belong in the Bible. Putting them there implies that they are somehow equivalent with the word of God. That’s not just wrong; it’s heretical.
But wait — there's more!
Other editions on offer include the "Presidential Edition," the "First Lady Edition," and the "Vice Presidential Edition," each embossed with the respective office's seal.
I think these folks are a great improvement over the last administration, but are any of them actually Bible-believing Christians? What are they doing on the cover of a Bible?
There's also the limited edition "President Donald J. Trump Signature Edition," which will run you a cool $1,000.
Someone is making bank.
Did it just get a little “den of thieves-ish” in here? Might be time for some table-flippin’ again.
Interpreting scripture as being about America
I’ve no intention of buying one of those Bibles to find out, but I suspect they might feature the kind of biblical-patriotic imagery that litters our social media feeds in the days leading up to July 4.
For example, a picture of an American flag overlaid with the passage from 2 Chronicles 7:14: "Then if my people who are called by my name will humble themselves and pray and seek my face and turn from their wicked ways, I will hear from heaven and will forgive their sins and restore their land."
The Christian nationalist guys like this verse, I’m sure, but "my people" here refers to Israel. This is not a promise for America or any other nation.
So it is with another popular meme, which puts Psalm 33:12 over Old Glory: "Blessed is the nation whose God is the Lord, the people whom he has chosen as his heritage."
Nope, Israel again. The psalmist was talking about Israel.
The Christian nationalists think they can create a theocracy where this would apply, but they can’t because that is not what God has ordained for us. We can only win people to Jesus, loving them one at a time.
Then there's the image of a stern bald eagle (posing in front of the Stars and Stripes) glowering at us to do our duty as citizens and ponder the accompanying verse from Galatians 5:1: "It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery."
Do not submit to sin. The slavery referred to here is to sin. Hardly the message the eagle with an attitude is giving off, though. And our freedom in Christ has literally nothing to do with our freedom as American citizens.
Ditto for another meme that splashes Galatians 5:13-14 across an American flag: "For you were called to freedom, brothers. Only do not use your freedom as an opportunity for the flesh, but through love serve one another. For the whole law is fulfilled in one word: 'You shall love your neighbor as yourself.'"
Ditto. You were called to be free — from sin. See above. I love this particular passage so much, and I hate to see it “USA-ized.”
Almost 10 years ago, writer Michelle Lesley wrote about this conflation of American imagery with Bible verses, and I can’t sum it up any better:
It is good to thank God for the blessing of liberty. It is right to be patriotic and celebrate our nation’s founding. It is evangelistic to use Independence Day as a springboard for explaining to people how they can find real freedom in Christ. And with that freedom — our freedom in Christ and our freedom as American citizens — comes great responsibility. Namely, the responsibility not to throw all of those things into the Cuisinart at once and turn them into an Americhristian smoothie with red, white, and blue sprinkles.
Yes, let’s skip that smoothie. While we should be thankful for our blessings as American citizens — which, let's face it, are always under threat — we should be even more thankful for true freedom, which is forever and found only in Christ.
And let’s not diminish Him or His word by conflating the two.
Why leftism attracts the sad and depressed — and keeps them that way
By now, the trope of the “sad leftist” has become so popular that it’s essentially a meme. Multiple studies show leftists are, on average, far less happy than conservatives. That aligns with the experience of many who observe self-professed leftists exhibiting more anxiety, gloom, and hostility than others.
It’s not difficult to understand why. If your main news sources tell you the president is a fascist, half of your countrymen are bigots, and the world is about to end due to climate change, you’re bound to feel — and vote — blue. Yet, even in Democratic administrations, leftists never seemed content.
People latch onto progressive narratives because they offer someone to blame. That brings short-term relief, but it quickly fades.
This suggests the root of their discontent isn’t merely political messaging but something deeper. Rather, the ideas implicit in leftism seem antithetical to a happy life and human flourishing — even if well-intended. Leftists push for diversity, equity, and inclusion in place of meritocracy, support a more powerful state to implement those ideals, advocate open borders to globalize them, and demand wealth redistribution to fund them. In the sanitized and euphemistic language they often prefer, leftists are about fairness, progress, and kindness.
Sad people lean left
Nate Silver recently weighed in on the happiness gap between conservatives and progressives. His take? People might have it backward. It’s not that leftism makes people sad but that sad people gravitate toward leftism: “People become liberals because they’re struggling or oppressed themselves and therefore favor change and a larger role for government.”
If this is true, it still doesn’t explain why leftism is correlated with sadness and why it offers no remedy. Conservatives, for their part, offer a diagnosis and a cure: Leftism is foolish and destructive — so stop being a leftist. That’s the gist of Ben Shapiro’s infamous line, “Facts don’t care about your feelings.”
While clever and catchy, this oversimplifies the problem. People who ascribe to liberal or leftist causes don’t merely do so because they prioritize feelings over facts. Yes, some are true believers, but most are reacting to powerful cultural pressures and personal struggles. These feed destructive habits that, in turn, make them more susceptible to leftist propaganda.
After all, the narratives that comprise leftist propaganda are easy to understand and adopt since they lay the blame of all society’s ills on someone else. People are poor because rich people exploit them; people of color are marginalized because white people are racists; queer people are depressed because straight people don’t accept them; third world countries are dysfunctional because Americans and Europeans meddled in their affairs too much or too little; and leftists are unpopular because Trump and other conservative populists are effective con men.
The media’s vicious cycle
These narratives not only offer paltry short-term solace — they breed resentment. Instead of directing their efforts to personal improvement, leftists are encouraged to push their anger outward — sometimes through direct violence (vandalism, looting, even political violence) and sometimes indirectly by cheering on those who perpetrate it. In this way, left-wing media weaponizes its audience.
Nevertheless, the principle motivation behind leftist propaganda is not necessarily weaponization. It’s monetization. Beyond adopting leftist narratives and positions, audiences need to continue consuming leftist media and become addicted to it.
RELATED: Breaking the ‘spell of woke possession’: Why America is choosing tradition
As Georgetown professor and computer scientist Cal Newport explains in his book “Digital Minimalism: Choosing a Focused Life in a Noisy World,” society has now entered the era of the “attention economy,” where media companies do everything in their power to hold people’s attention — for forever. In conjunction with tech companies, these outlets turn otherwise healthy people into helpless junkies enslaved to the apps on their smartphones.
Like any addiction, this one feeds a destructive cycle. People latch onto progressive narratives because they offer someone to blame. That brings short-term relief, but it quickly fades. The need for comfort drives them to consume even more leftist content, which distorts their view of the world and fuels resentment. Anxiety deepens. Misery spreads.
As their emotional state deteriorates, they seek comfort in even more content. Eventually, this behavior sabotages their ability to function. They become dependent on the very content that made them feel worse in the first place. Many even join the performance, filming themselves crying, ranting, and broadcasting their despair for clicks.
Meanwhile, the titans of the attention economy grow wealthier and more powerful. They refine their algorithms, suppress dissent, and tighten their grip. The last thing they want is for their users to wake up — to take Newport’s advice, unplug, and rediscover meaning in the real world. They might just find happiness. And stop drifting left.
Model a different life
This presents an opportunity for conservatives hoping to transform the culture. The answer isn’t just a matter of advocating time-tested ideas but of modeling the habits that reinforce these ideas. Rather than view leftists as incorrigible scoundrels and idiots who refuse to open their eyes, conservatives should see them as unfortunate people who have been seduced, reduced, and enslaved by powerful corporate and government interests.
This means that conservatives should do more than offer political arguments — we must pull them away from the vicious cycle through modeling a better life. Leftists (and many on the online right, for that matter) must be reminded that being perpetually online and endlessly scrolling is a recipe for sadness. In contrast, church, family, friends, and meaningful work are what empower people. They are what make us human — and happy.
Once the cycle is broken — and the leftist has regained some control over himself — the case for conservatism becomes much easier. If Nate Silver is right that sad people gravitate to the left, then it’s only logical to assume happy people should be attracted to the right. Conservatives should cherish those values and habits that make them, on average, happier and more fulfilled. It’s time to stop drinking leftist tears and help them out of their malaise.
The Republican Party won’t be saved by excuses
Texas conservatives have long trusted the Republican Party to stand firm on core values: secure borders, parental rights, the Second Amendment, and limited government. We’ve delivered them power in Austin. But too many GOP lawmakers now serve corporate donors and media elites — not the grassroots conservatives who put them in office.
Texas may be a red state, but the last legislative session told a different story. Thirty-six Republican state lawmakers joined Democrats on critical votes that gutted conservative priorities. They campaign as fighters and govern as cowards — folding at the first whiff of media pressure or lobbyist resistance. That’s not leadership. That’s betrayal.
When Texas Republicans falter, they don’t just fail their state — they fail the country.
Governor Greg Abbott’s Operation Lone Star generates headlines, but the border remains wide open. Despite the efforts of the Trump administration, cartels continue to move drugs and people freely across Texas soil. Ranchers continue to live in fear. Families bury loved ones lost to fentanyl. Texans demand action, but Austin delivers press releases.
Yes, regardless of the federal government’s efforts — and the Trump administration is certainly a refreshing change from Joe Biden —Texas has the constitutional authority to act. Where’s the declaration of invasion? Where’s the full mobilization? Leadership doesn’t mean deploying troops for photo ops. It means taking responsibility and enforcing the law.
It isn’t ‘culture war nonsense’
Parents across Texas want transparency. They want to know what their kids are learning, reading, and hearing in school — especially on issues of sex and gender. Some lawmakers have stepped up. Too many haven’t. They call it “culture war nonsense” while siding with school boards and bureaucrats who treat parents as threats.
Legislators who can’t stop minors from receiving irreversible medical procedures without parental consent don’t belong in conservative office. That’s not compromise. That’s surrender.
Don’t dismiss the Second Amendment
After every shooting, moderate Republicans float “reasonable restrictions.” But the Constitution doesn’t hedge. It says “shall not be infringed.”
Texans don’t want red-flag laws. They want their rights respected. When figures like Rep. Dan Crenshaw entertain policies that chip away at due process, they don’t look pragmatic. They look weak. If you won’t defend gun rights without apology, step aside.
Meme bills and muzzled dissent
Texas Republicans now flirt with speech regulation. One bill would have required registration for anonymous political memes — all in the name of fighting “disinformation.” That’s not governance. That’s control.
Conservatives believe in protecting anonymous speech because we remember what it’s for: dissent. Critique. Satire. These aren’t bugs in the system — they’re essential features. If Austin lawmakers wants to mirror D.C.'s, voters will start treating them the same way.
Contempt for the base
The real issue isn’t just policy. It’s culture. The GOP establishment in Austin feels more at home with lobbyists than with the voters who knock doors and fund their campaigns. Primary challengers get dismissed as “fringe,” even as the grassroots base grows louder — and angrier.
RELATED: Red state, blue ballot: Dems use direct democracy to flip states
Calls for term limits are rising. The appetite for bold reform is real. If Gov. Ron DeSantis (R) can deliver conservative wins in Florida, why can’t Texas? Why are we still making excuses?
This isn’t just about Texas
Texas shapes the national Republican Party. It drives presidential races and defines what the GOP stands for. When Texas Republicans falter, they don’t just fail their state — they fail the country.
As state Rep. Brian Harrison has shown, the last legislative session exposed serious cracks in the GOP foundation. Conservatives must respond: organize locally, show up at the Capitol, primary the cowards. An “R” isn’t a free pass. If you govern like a Democrat, expect to be treated like one.
Secure the border. Empower parents. Protect the Second Amendment. Defend free speech. Or get out of the way.
Texas doesn’t need more Republicans. It needs better ones.
Texas takes aim at free speech — with a Republican trigger finger
If someone said a state was attacking the First Amendment, most conservatives would assume it was California or New York. But shockingly, it’s Texas — the supposed conservative bulwark — that’s threatening free speech.
Texas House Bill 366, now pending before the state Senate, targets “digitally altered” political ads. But its vague wording and draconian penalties risk criminalizing satire, parody, and grassroots messaging — the very tools conservatives use to fight media bias and elite narratives. Texans must reject this betrayal of core constitutional principles.
HB 366 treats satire, memes, and parody as threats, even though they’ve become essential weapons in the right’s arsenal.
HB 366, sponsored by former Republican Speaker Dade Phelan, requires disclaimers for any political ad containing “altered media” if the originator spends more than $100. The penalty? A Class A misdemeanor and up to a year in jail.
Supporters claim the law would curb AI-generated deepfakes that mislead voters. But the bill doesn’t narrowly target malicious deception — it swings wildly, threatening legitimate political speech.
Conservatives agree that deepfakes pose real risks. A video of Trump endorsing Alexandria Ocasio-Cortez could confuse voters. But HB 366 isn’t a scalpel — it’s a sledgehammer. It treats satire, memes, and parody as threats, even though they’ve become essential weapons in the right’s arsenal.
The bill’s flaws are obvious. “Altered media” can mean anything — a high-tech AI fake or a Photoshopped image of Phelan in a cowboy hat. The $100 threshold? Pocket change in the world of online ads. That barely covers a few boosted X posts or a Canva subscription. The law targets ordinary citizens, not professional propagandists.
Enforcement falls to the Texas Ethics Commission, which will find itself chasing down conservative meme-makers. Post a viral cartoon mocking your opponent? Forget the fine print and face jail time. That’s not transparency — it’s censorship backed by handcuffs.
State Rep. Shelley Luther, one of the few real conservatives in Austin, nailed it: “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 right. Memes are a modern megaphone. They slice through corporate media spin and Big Tech suppression. From “Let’s Go Brandon” to Trump’s dance clips, they connect with voters in a way that no white paper or campaign ad ever could.
Under HB 366, a well-timed meme could land you behind bars.
What’s Phelan’s motivation here? He blames the rise of deepfakes. In this case, it's personal. A 2024 mailer featured an altered image of him hugging Nancy Pelosi. But instead of toughening up, he decided to muzzle political ridicule. State Rep. Nate Schatzline called the bill “anti-American.” He’s right. The First Amendment doesn’t make exceptions for thin-skinned Republicans.
HB 366 hands more power to the elites — media gatekeepers, tech censors, and government bureaucrats — to decide what counts as “deceptive.” Conservatives, once again, will be the first targets. As Jefferson warned, “An unjust law is no law at all.” This bill insults the Constitution and the voters it claims to protect.
Instead of punishing citizens, lawmakers should narrowly target AI-generated deepfakes created with the intent to deceive. Use civil penalties, not jail time. Raise the spending threshold to $10,000 to focus on major players, not patriots with PayPal accounts. And educate voters to spot deception — don’t criminalize dissent.
Texas is the last place conservatives should expect to fight for free speech. But if this bill passes, no red state is safe. HB 366 doesn’t just endanger Texans — it threatens the digital backbone of the conservative movement.
Memes, satire, and humor have carried our message where mainstream channels won’t. Let’s not let bad law do what the left couldn’t: silence us.
Texas Republican who tried to impeach Ken Paxton now trying to criminalize political memes
Texas state Rep. Dade Phelan (R), the at-times incomprehensible former state House speaker who led the unsuccessful impeachment effort against Texas Attorney General Ken Paxton, is pushing a bill that would criminalize the publication, distribution, or broadcast of certain political memes or altered media.
Critics have suggested that Phelan's House Bill 366 is unconstitutional, stressing that it would run afoul of the First Amendment.
Phelan's bill would require "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," including media manipulated with generative artificial intelligence, to include a disclosure accounting for the meme's creative deviations from reality.
Under the proposed law, the Texas Ethics Commission would determine what form that disclosure takes, including "the font, size, and color of the disclosure."
Failure to include a disclosure could land Texans in jail with a Class A misdemeanor charge.
Fort Worth attorney Tony McDonald, a specialist in First Amendment litigation, told Texas Scorecard, "It's amazing that this ridiculous bill is the top priority of the Texas House's most powerful committee. This bill is obviously unconstitutional. It would criminalize protected speech on the basis of its content."
'Tryin to bolster my outlaw cred.'
When presiding over a 14-hour state House session in 2023, Phelan appeared to slur his words and have difficulty identifying a colleague. This prompted Paxton and others to allege that he was "in an obviously intoxicated state," and to call for his resignation. Phelan dodged questions about the allegations. In the years since, criticism of Phelan has in some cases incorporated mockery of the incident.
Texas Scorecard suggested that the "Drunk Dade" call-ins to Michael Berry's talk radio show — consisting of an impression of a supposedly inebriated Phelan — might, for instance, qualify as verboten speech under House Bill 366.
Berry noted on Monday, "DrunkDade tryin to bolster my outlaw cred," suggesting that the parodies make Phelan "so mad he's tryin to make it illegal."
Phelan's inspiration to push the bill might instead be the so-called deepfake political advertisement that targeted him ahead of the Republican primary runoff election last year.
The Texas Tribune reported that the offending political mailer, which was paid for by the Club for Growth Action PAC, featured two photoshops: one that swapped House Minority Leader Hakeem Jeffries (D-N.Y.) out of a photograph and instead depicted Phelan hugging Rep. Nancy Pelosi (D-Calif.); and another falsely depicting Phelan giving a speech at a Texas House Democratic Caucus news conference.
The mailer stated, "Texas Republicans deserve better than Democrat puppet Dade Phelan!"
Under the proposed legislation, such doctored images would require disclosures "indicating that the image, audio recording, or video recording did not occur in reality."
Texas Scorecard indicated that Phelan did not respond to a request for comment.
The Texas Legislature's state affairs committee will hold a public hearing on the bill on Wednesday. In the meantime, critics are sharing memes and photoshops to social media of Phelan without disclosures, demonstrating what might qualify as criminal should he get his way.
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