FOR IMMEDIATE RELEASEHELENA, MONT. — The Hamilton Lincoln Law Institute secured a preliminary injunction preventing Montana state officials from enforcing the state’s restrictive laws on AI-generated political speech against its clients.
In the 40-page order, U.S. District Judge Susan P. Watters found that the plaintiffs are likely to succeed in their First Amendment challenge because Montana’s law discriminates based on both the content and viewpoint of political speech. The court prohibited Attorney General Austin Knudsen and two other state and local officials from investigating, prosecuting, or otherwise enforcing the law against the plaintiffs, former Montana legislator Dan Bartel and his political committee, Accountability in State Government.
Plaintiffs are represented by HLLI and Montana attorney Matthew Monforton.
The law, enacted in 2025, restricts certain AI-generated political communications during the 60 days before voting begins and carries potential civil and criminal penalties. Bartel’s committee used AI-generated images in political mailers criticizing state legislators’ voting records, prompting political opponents to file administrative complaints alleging violations of the law.
“This is an important victory for political speech and the First Amendment,” said Adam Schulman, senior attorney at HLLI. “The government cannot censor speech just because that speech uses AI technology.”
The ruling also rejected the defendants’ argument that the case had become moot after Montana’s Commissioner of Political Practices dismissed the administrative complaints against Bartel in an attempt to moot the lawsuit on the eve of argument. The court determined that the constitutional controversy remains live because state officials have not abandoned enforcement of the underlying law, leaving Bartel and his committee otherwise exposed to future enforcement proceedings.
The case is Accountability in State Government and Dan Bartel v. Austin Knudsen et al., Case No. 26-cv-00038 in the U.S. District Court for the District of Montana.
For more information about this case, please see our case webpage or contact the attorney below:
Contact:
Adam Schulman, Senior Attorney
(610) 457-0856, adam.schulman@hlli.org
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Every day, there are attempts to encroach upon Americans’ constitutionally protected rights. Our legal work is dedicated to countering these efforts.
The Hamilton Lincoln Law Institute is a public interest law firm dedicated to:
- Dismantling the progressive left’s attacks on civil society
- Countering government overreach
- Fighting class action abuse
- Combating NGOs engaging in civil terrorism
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