A federal judge has blocked Montana's law regulating artificial intelligence in political campaign advertising, ruling that enforcement of the statute raises serious First Amendment concerns. U.S. District of Montana Judge Susan Watters issued the order barring the state's Commissioner of Political Practices and attorney general from policing AI-generated ads produced by former Republican state legislator Dan Bartel and the group he's affiliated with.
The ruling puts Montana in the middle of a national debate over how — or whether — governments can regulate AI-generated political content without running afoul of free speech protections. Montana's law was among the first of its kind in the country when it passed, drawing attention from election law observers who questioned whether disclosure requirements and outright restrictions on AI-generated imagery and audio could survive constitutional scrutiny.
Bartel, who served in the state legislature, challenged the law before the 2024 election cycle concluded, arguing the restrictions on AI-generated political content amounted to unconstitutional limits on political speech. Judge Watters' decision to block enforcement suggests at least a preliminary agreement that those arguments have legal merit.
For Helena residents and Montana voters broadly, the ruling raises questions about what guardrails, if any, will govern AI-generated political content in future campaigns. The Commissioner of Political Practices and the attorney general's office have not yet said whether they plan to appeal.