Texas House Bill 366: Protecting Free Speech While Addressing AI Misinformation

The Texas House passed legislation requiring disclosure of AI-generated political content. It's a step forward, but we need to make sure we protect free speech while fighting fake news.

Nick Pappas
Nick Pappas Marine Veteran & Candidate for Texas Governor
AI Policy and Free Speech

What House Bill 366 Actually Does

The Texas House passed HB 366, which requires political advertisements using AI-generated or manipulated content to include clear disclosures. Think of it like a nutrition label, but for political ads—voters have a right to know what's real and what's been artificially created.

Disclosure Requirements

Political ads with AI-generated content must clearly state that fact

Criminal Penalties

Failing to disclose AI content in political ads becomes a misdemeanor

Voter Protection

Helps voters distinguish between authentic and artificially created content

Campaign Transparency

Extends existing political ad regulations to cover new technology

As someone who believes in both free speech and honest elections, I think this strikes the right balance. We're not banning AI-generated content—we're just requiring honesty about what it is.

Honest Elections
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Fighting for Fair Elections

"Voters have the right to know what they're seeing is real. We're not trying to limit free speech—we're trying to make sure people aren't deceived by fake content designed to look authentic. That's not censorship, that's honesty."

Why This Matters Now

AI technology is getting better and cheaper every day. Without reasonable disclosure rules, political campaigns could flood voters with realistic-looking fake content.

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AI Getting More Sophisticated

Deepfakes and AI-generated content are becoming so realistic that most people can't tell the difference between real and fake.

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Technology Getting Cheaper

What used to require Hollywood-level budgets can now be done on a laptop. This makes fake content accessible to any campaign with basic tech skills.

Last-Minute Disinformation

Fake content dropped in the final days before an election can swing results before fact-checkers have time to respond.

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Targeted Manipulation

AI allows campaigns to create personalized fake content targeted at specific demographic groups or geographic areas.

The Right Approach

HB 366 gets the balance mostly right, but we need to be careful about how we implement it. The goal should be transparency, not restricting innovation or free expression.

Clear Disclosure Standards

Simple, consistent labeling that voters can easily understand

Protect Legitimate Satire

Ensure political parody and commentary aren't criminalized

Reasonable Enforcement

Focus penalties on intentional deception, not technical mistakes

Bipartisan Implementation

Ensure rules are applied fairly regardless of political party

Balanced Policy

Looking Forward

Technology will keep evolving. Our laws need to be flexible enough to adapt while protecting core democratic values.

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Free Speech AND Honesty

We can protect the right to political expression while still requiring basic honesty about what's real and what's artificially created. These aren't opposing values—they work together to create stronger democracy.

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Stay Ahead of Technology

AI is advancing rapidly. We need laws that can adapt to new technologies without stifling innovation or creating loopholes that bad actors can exploit.

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Related Topics

AI Policy Free Speech Election Integrity Technology

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