Montana law restricting AI-generated political content…

A federal judge in Billings is currently presiding over a case examining the constitutionality of a 2025 Montana law that regulates the use of AI-generated content in political communications. The litigation centers on whether state-mandated disclosure requirements for such content infringe upon free speech and due process rights.

What happened

The legal dispute arose after former state Senator Dan Bartel distributed campaign mailers depicting three political candidates holding pride flags and wearing pronoun buttons. These materials were targeted by complaints filed with the Montana Commissioner of Political Practices, alleging a violation of Senate Bill 25. This legislation requires that election communications using AI-generated deepfake content must include a specific disclosure to prevent the deception of voters within 60 days of an election.

Attorneys for Bartel and his group, Accountability In State Government, argue that the images used in the mailers were not deepfakes and that the law overreaches by attempting to arbitrate political truth. They maintain that the election process should remain a forum for open speech where candidates have the opportunity to rebut opposing materials. Conversely, the bill’s sponsor, state Senator Janet Ellis, emphasized that the law does not prohibit AI-generated content, but merely requires transparency through mandatory disclosures.

Commissioner of Political Practices Chris Gallus ultimately concluded that the mailers in question constituted political satire rather than deepfakes, and therefore did not require a disclaimer. While Gallus plans to dismiss the complaints, the broader constitutional challenge regarding the state's authority to regulate such AI-generated material remains before U.S. District Judge Susan Waters. A final ruling is expected by early September.