A federal judge in Billings is weighing the constitutionality of a Montana law that bars the use of AI-generated content designed to deceive voters — but only during the 60-day window before an election. The 2025 Legislature passed the restriction as AI-generated images and audio became increasingly common in political advertising nationally, and Montana candidates and advocacy groups began using the technology in their own materials.
The case puts the court in the middle of a fast-moving legal and technological debate that legislatures across the country are navigating with varying results. Montana's law is narrowly written — it targets deceptive AI content, not AI content broadly, and applies only in the homestretch of a campaign — but opponents of the law have argued that even that limited scope raises First Amendment concerns about who decides what counts as deceptive and when government can restrict political speech.
The outcome will have direct consequences for how Montana candidates and outside groups can use AI tools in future election cycles, including the 2026 races that are already beginning to take shape. Lewis and Clark County voters, who see significant advertising traffic during statewide and legislative campaigns, have a direct stake in whatever standard the federal court ultimately sets. A ruling has not yet been issued.