Judge Blocked Montana AI Political Ad Law
A federal judge issued a preliminary injunction against Montana's law restricting AI-generated campaign communications.
Updated on Sept. 18, 2026 in Artificial Intelligence
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U.S. District Judge Susan Watters has blocked the enforcement of a 2025 Montana law that aimed to regulate AI-generated political advertisements. The ruling comes after the court found that plaintiffs, including Accountability in State Government, were likely to succeed in their First Amendment challenge against the statute.
Why it matters
The judge determined the law treated identical deceptive media inconsistently based on whether the message was intended to damage or elevate a candidate, signaling a potential constitutional overreach. This ruling highlights the ongoing legal struggle for states attempting to regulate AI-driven political speech while balancing free speech rights.
The invalidated statute prohibited election communications within 60 days of an election that were known to be deepfakes, though it included specific exemptions for satire and parody.
The players
Susan Watters
She is the U.S. District Judge presiding over the challenge to Montana's AI political advertising law.
Accountability in State Government
This is an organization that challenged the state's AI law following complaints regarding its own campaign mailers.
The details
The statute required regulators to determine how a reasonable person would interpret political imagery and evaluated synthetic media based on the creator's intent to injure a candidate's reputation. Montana now has one month to appeal the preliminary injunction decision.
Timeline
2025: The Montana law restricting AI-generated political ads was passed.
January 2026: A federal court ruled that Hawaii's Act 191 was unconstitutionally vague.
August 20, 2026: The commissioner of political practices dismissed complaints against mailers sent by Accountability in State Government.
September 16, 2026: Judge Watters issued the preliminary injunction.
The Tech Race
This story follows a pattern set by the ruling against California's Assembly Bill 2839, which previously struck down state-level AI campaign speech restrictions. These decisions collectively reflect a broader trend of federal courts overturning state-level attempts to regulate synthetic political media.
The ruling temporarily prevents the state from enforcing restrictions on political ads, potentially allowing more AI-generated content to reach voters during campaign cycles. Residents should be aware that the legal uncertainty surrounding these advertisements means fewer standardized protections against deepfakes may exist this election season.
The takeaway
This injunction suggests that states face significant constitutional hurdles when attempting to police synthetic political content. Voters are encouraged to remain vigilant in verifying the origin and authenticity of political media as the judicial landscape for AI in elections continues to evolve.
Further reading
For broader context on the development of these tools, visit Artificial Intelligence.
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