Docket: No. 26-cv-00038 (D. Mont.)

Alongside co-counsel Matthew Monforton, the Hamilton Lincoln Law Institute (HLLI) is representing former Montana State Legislator, Dan Bartel, and his Political Action Committee, Accountability in State Government, in their challenge to Montana’s ban on political speech that uses AI-generated “deepfakes.” This is HLLI’s third challenge to similar prohibitions on political speech in other states.

Accountability in State Government circulated political mailers using AI-generated images to criticize state legislators’ voting records. One set of mailers depicted candidates holding pride flags and wearing preferred-pronoun pins to symbolize legislation they supported. Another depicted a candidate pumping ten-dollar bills out of a gas pump as criticism of supporting a bill to raise gas taxes. Candidates and their political allies subsequently filed administrative complaints alleging that the mailers violated Montana law.

Montana’s 2025 law, referred to in the lawsuit as the “Digital Censorship Act”, restricts certain political communications containing AI-generated content during the 60 days before voting begins. Violations can result in civil penalties and criminal prosecution.

The law unconstitutionally restricts political speech based on its content and viewpoint, compels government-drafted disclaimers and uses vague standards that invite politically motivated enforcement.

“This case is about every person’s right to criticize politicians without the government deciding which political messages are allowed,” said Adam Schulman, senior attorney at HLLI. “HLLI successfully challenged California’s attempt to censor AI-generated political satire, and we are confident that Montana’s even more punitive law cannot survive First Amendment scrutiny.”