Montana will not be allowed to enforce a state law prohibiting the use of artificial intelligence in political attack ads after a federal judge blocked the measure.
States have been grappling with how to regulate the use of AI, which some use to create deepfakes or misleading content.
From the Montana Standard:
A federal judge on Wednesday blocked state officials from enforcing a new law banning undisclosed artificial intelligence in political attack ads against a PAC that drummed up fake images of Republicans sporting pride flags and pronoun pins, finding the law likely chills speech protected by the First Amendment.
Dan Bartel, the former state Republican legislator who challenged the law, antagonized GOP candidates perceived as moderates during this year’s primary elections through his PAC, Accountability in State Government. Two GOP candidates who were targets of those mailers — Rep. Eric Albus and Jennifer Carlson — filed the first complaints under the new law against Bartel and his group in April.
The law’s penalties included a potential for a $10,000 fine and, more central to the lawsuit at hand, a possible felony prosecution for a third or subsequent violation.
In part, U.S. District Court Judge Susan Watters found the law is flawed because it applies only to AI content as something meant to injure a candidate. The U.S. Supreme Court has already struck down laws that prohibit disparaging a person, comparing it to a ban on criticism against public officials.
“Under the first part of the definition, the Act exposes speakers to penalties only when their content is injurious rather than uplifting,” Watters wrote of Montana’s law Wednesday. “This statutory framework mirrors viewpoint-based restrictions previously invalidated by the Supreme Court.”
Judge: Montana ban on undisclosed AI in political attack ads likely violates free speech https://t.co/AgDkEUS6Zv by @SeabornLarson #mtleg #mtpol
— Blair Miller (@blairmiller) September 17, 2026
Earlier this month, another judge in Vermont blocked state Attorney General Charity Clark from investigating a content creator who used AI to create a satirical political video attacking a Democrat candidate.
The creator, Henry Poitras, posted a clip showing the Republican congressional candidate using an excavator to drop Democrat Rep. Becca Balint into a dumpster.
Clark launched the investigation under a state law mandating the disclosure of AI in media. However, Poitras sued on the grounds that the law and investigation violated his First Amendment right to free speech.
Montana voters could be seeing more AI in campaign ads in the coming weeks, after a federal judge restricted enforcement of a state law that required disclosures on so-called “deepfake” campaign materials. https://t.co/BcpKhNpsmU #MTNews #MTPol #MTLeg
— Jonathon Ambarian (@JSAmbarian) September 17, 2026
U.S. District Judge William K. Sessions III ruled in Poitras’ favor, noting that the video is too blatantly ridiculous to constitute a genuine threat to election integrity.
And that is the problem with these types of laws. Sure, people can use AI to disseminate disinformation. But satire does not fall under this category.
Laws of this type only empower corrupt officials like Clark to wield the power of government against those who use AI to mock or criticize their preferred candidates.
