So,

About that Texas bill.

Me. AI. Still not an artist.

I’ve been sitting on this one for a while.

Recently the Texas House of Representatives passed a bill on to the Senate that has everyone all up in a tizzy.

I’m sure you’ve seen the breathless denunciations on social media: “Texas is going to throw people in jail for political memes!”, “Texas is going to make memeing illegal!”

Huh. Well, since we don’t blindly trust what we read on the internet¹, let’s take a look for ourselves.

The text of the bill is here.

In law, there is a concept called “Elements of the Offense”. This can be complicated, but breaking it down Barney-style, means that each law will have a list of things that must occur before a crime has been committed. As a ‘for instance’ let us use the elements of the offense of Burglary in Texas. We go to the Penal Code, and look up ‘Burglary’. That is 30.02 of the Texas Penal Code, found here.

The Elements of the Offense are generally found under “A person commits an offense if the person:”

So, for Burglary, you have to:

1. Intentionally or knowingly

2. Without consent

3. Enter, or remain concealed, within a habitation or building

4. For the purpose of committing, or attempting to commit,

5. A felony, a theft, or an assault.

You have to have all five of those elements present before an offense occurs. four out of five? Nope, not a burglary.

So, let us take a look at the elements of the offense that has everyone’s jimmies rustled.

The elements of the offense are:

1. An officeholder, candidate, or political committee

2. Who spends over $100 in political advertising, or gets paid to publish, distribute, or broadcast political advertising

3. Knowingly publishes, distributes or broadcasts

4. An image, audio recording or video recording of another candidate

5. That did not actually occur

6. For the purpose of influencing an election.

7. Without disclosing the fact that the image, audio recording or video recording didn’t actually occur.

Again, remember that EACH and EVERY element MUST be present before there is an offense.

“Oh, my Gawd, Ian, Texas wants to throw you in jail for making a meme!”

Am I an officeholder, candidate, or political committee? No.

Have I spent $100+ dollars on political advertising, or am I getting paid to meme? No.

No offense has occurred. I’m not going to be arrested for making memes in my living room, so relax.

Now, does this mean that I think this is a good bill²? Hell, no. Matter-of-fact, this will make for a stupid law.

However, with the advent of Deepfakes, and generative AI, and given the obvious fact that a lot of people believe anything a stranger³ will spoon-feed⁴ them on the Internet⁵ you better buckle down and get ready for a spate of similar laws coming down the pike.

Don’t like these laws? Then learn that old Russian proverb “доверяй, но проверяй”⁶, love it, and live it⁷. If people wouldn’t fall for Deepfake political adverts, then politicians wouldn’t feel the need to make laws about them.

Ian

1. Right? Right??

2. Yes, it’s still a bill, and can still be amended, folded, spindled, and mutilated even further before being signed into law.

3. With an agenda.

4. If you think the ACLU, SPLC, or any other thinly-disguised political propaganda outfit has your best interests to heart, might I interest you in some Nebraska beachfront property I own?

5. Otherwise I wouldn’t have to be writing this.

6. “Trust, but verify.”

7. I’m being diplomatic, because “STOP BEING GULLIBLE” is probably rude.