A federal judge in Helena has ruled a Montana law designed to curtail the use of AI generated images can not be enforced against a former state lawmaker and his political action committee.
In issuing a preliminary injunction, U.S. District Judge Susan Watters says the law would likely violate the plaintiffs first amendment rights, pointing in part to carve outs for satire or parody.
Dan Bartel and the conservative group “Accountability in State Government” filed suit against Montana Attorney General Austin Knudsen and the Montana Commissioner of Political Practices amid since-dismissed complaints filed over mailers depicting candidates holding pride flags and wearing similar-themed buttons.
Passed in 2025, SB 25 disallows the use of such “deepfakes” of candidates within sixty days of an election.
An attorney for the Hamilton Lincoln Law Institute, which represented the plaintiffs called the ruling “an important victory for political speech and the First Amendment,” adding “The government can not censor speech just because that speech uses AI technology.”
The judge however declined to block any enforcement of the law, pointing to a recent U.S. Supreme Court ruling that places restrictions on district courts issuing universal injunctions.
A spokesperson for Knudsen tells Yellowstone Public Radio the office is disappointed in the Court’s decision, adding “Montanans deserve to know when they’re being deceived by AI manipulated images, audio and videos of candidates,” and goes on to say they are reviewing the ruling to determine next steps.