Montana SB 25 election deepfakes — preliminarily enjoined as to plaintiff (2026)

Montana — SB 25, AI Deepfakes in Campaign Ads: PRELIMINARILY ENJOINED September 16, 2026. Senior U.S. District Judge Susan Watters Held the Law Likely Violates Free Expression Because the State FAILED TO PROVE the Risks Could Not Be Managed by a Less Restrictive Means — but the Injunction Runs ONLY as to the Plaintiff, Not Statewide
Montana · Mont. SB 25, 69th Leg., 2025 Reg. Sess.; enrolled bill: legiscan.com/MT/text/SB25/id/3212547

Status
In effect
Applies to
Any person or entity publishing electioneering communications containing AI-generated or manipulated media in Montana
Enforced by
Montana Commissioner of Political Practices (administrative); district courts (criminal/injunctive)

Montana's SB 25 requires a disclaimer on election communications that use AI-generated or digitally altered images, video or sound to 'injure the reputation of the candidate or party or otherwise deceive a voter.' It passed in 2025 with support from ALL Democratic lawmakers and a majority of Republicans, and Gov. Greg Gianforte signed it. ON SEPTEMBER 16, 2026 A FEDERAL JUDGE PARTLY BLOCKED IT. Senior U.S. District Judge SUSAN WATTERS granted a preliminary injunction to Rep. DAN BARTEL (R-Lewistown), holding the law LIKELY VIOLATED FREE EXPRESSION RIGHTS. Her reasoning is the part worth keeping: the state had 'FAILED TO PROVE THAT THE PURPORTED RISKS OF GENERATIVE AI TECHNOLOGIES COULD NOT BE ADEQUATELY MANAGED' through a LESS RESTRICTIVE METHOD. That is ordinary strict-scrutiny narrow-tailoring analysis, and it is a warning to every AI election-disclosure law in this dataset: asserting that AI is dangerous is not enough, the state must show that a disclaimer mandate was the least restrictive way to address it. THE SCOPE OF THE RULING IS NARROW AND SHOULD NOT BE OVERSTATED. For now the injunction ONLY prevents the state from enforcing SB 25 AGAINST BARTEL AND HIS POLITICAL COMMITTEE, Accountability in State Government. The law is not struck down and remains on the books as to everyone else. HOW IT AROSE: Bartel's committee paid for campaign mailers attacking Republican moderates during this year's heated GOP legislative primaries, and several targeted candidates filed complaints under SB 25. One came from Rep. Eric Albus (R-Hinsdale), running for an open Senate seat, over a mailer calling him 'woke' that included AN ALTERED IMAGE SHOWING HIM WEARING A PRONOUN PIN AND HOLDING A PRIDE FLAG. Albus said he found other mailers amusing — one depicted him as a sheep — but that CONSTITUENTS BELIEVED THIS IMAGE WAS AUTHENTIC: 'It really polarized the Hi-Line community, because these people [know] me, and they view it as what it is — that it's a disparage[ment] of character.' Montana Commissioner of Political Practices CHRIS GALLUS DISMISSED Albus's complaint and the others, finding the mailers fell under an EXEMPTION FOR SATIRE AND PARODY. Bartel's attorney Matthew Monforton argued the injunction was needed anyway, because the commissioner's forbearance today says nothing about tomorrow: 'that doesn't tell us how he was going to enforce it tomorrow, or how a new commissioner was going to enforce it, or how the county attorney or the attorney general would enforce' it. Monforton also framed the merits: 'Every generation uses a new political tool, whether it's the printing press, then radio, then TV, then Photoshop, and now AI. Liberal Republicans want to criminalize this newest tool rather than engage in debate.'

Who is protected: Candidates falsely depicted in election deepfakes; Montana voters

Legal detail

Mont. SB 25, 69th Leg. (2025), revises election laws to define and prohibit deceptive AI-generated or manipulated media in election/electioneering communications within 60 days of election; administrative fine up to $500 (initial violation); third violation constitutes felony with up to 2 years imprisonment; candidates may seek injunctive relief.

Key facts

JurisdictionMontana
LevelState
StrengthLimited
EnactedJanuary 1, 2025
CitationMont. SB 25, 69th Leg., 2025 Reg. Sess.; enrolled bill: legiscan.com/MT/text/SB25/id/3212547
Private right of actionYes, individuals can sue
PenaltiesAdministrative fine up to $500 (initial); felony up to 2 years imprisonment (third offense)
Topicsdeepfakes · AI-generated images · election deepfakes
Legal analysisJudge restricts enforcement of Montana law against AI 'deepfakes' in campaign ads — KTVH (MTN News)

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