A Navy veteran was arrested for a satirical social media post, according to the Hood County Sheriff’s Office, which alleged he committed a felony offense of “online impersonation name/persona create page” in the third degree. Kolton Krottinger, who operates the Blue Branch Historic Ranch, a veterans’ mental health center in Granbury, was detained over an October 2 Facebook post featuring a fake screenshot designed to resemble a real post from a rival local activist. The hoax image included the activist’s profile photo and name above a message expressing support for then-Granbury ISD school board candidate Monica Brown.
The complaint stated that the victim claimed she does not support Brown for this election and alleged the public was misled by the post regarding her actual beliefs. Rob Christian, Krottinger’s attorney, referred to the post as “a meme,” noting that he had never seen anyone get arrested for engaging in political speech. Hood County Constable John Shirley described the post as a political sign that would be recognized as fake by those familiar with the person whose account it was pasted onto, calling it a joke.
The sheriff’s office referenced Texas Penal Code § 33.07, which prohibits using “the name or persona of another person” to “harm, defraud, intimidate, or threaten any person.” While Sheriff Roger Deeds stated the case is under investigation, the sheriff’s office still appeared to reference it in a November 10 Facebook post, emphasizing that while certain online posts may seem offensive, much of what is posted online is protected by the 1st amendment.
The arrest prompted Nate Criswell, former chair of the Hood County Republican Party, to start an online petition urging the district attorney to drop the charges. Texas attorney general candidate Aaron Reitz also spoke out about the charges, stating that Krottinger created an obviously satirical meme and that his conduct does not meet the “intent” requirement under Texas Penal Code § 33.07. Reitz speculated that the charges would ultimately be dropped, noting that Kolton may have recourse under 42 U.S.C. § 1983 if the County deprived him of his First Amendment rights.
On Wednesday, Brown, the former school board candidate, filed a complaint with the sheriff’s office concerning Krottinger’s arrest and treatment, stating that Mr. Krottinger shared a harmless political satire meme related to a local school board election. He was arrested, handcuffed, placed in solitary confinement, classified as “high-profile,” had his phone confiscated, and denied access to social media, which is his livelihood.