A federal judge has temporarily halted the enforcement of a Montana law that restricts the use of generative AI in political campaign ads, citing free speech concerns. U.S. District Judge Susan Watters issued an order preventing Montana’s Commissioner of Political Practices and attorney general from regulating AI-generated ads by former Republican state legislator Dan Bartel and the Accountability in State Government (ASG) PAC. The law bans AI tools that misrepresent candidates’ positions in ads.
Judge Watters’ ruling allows Bartel and ASG to proceed with their planned general election ads, addressing concerns of enforcement due to complaints during primary elections. The decision comes after Political Practices Commissioner Chris Gallus raised concerns based on prior actions against the group, which feared legal repercussions. “As plaintiffs argue, a credible threat of enforcement exists,” Watters stated.
The court file features ad mailers depicting Democratic legislator Mary Ann Dunwell as a cowboy pickpocket, stirring controversy. Montana law forbids paying for or sponsoring AI-generated campaign ads that misrepresent candidates or parties within 60 days of voting, unless they include a disclaimer of AI editing.
Bartel and ASG argue their ads aren’t “deepfakes,” a term for AI-generated realistic false images. They cited a 2024 Biden robocall as an example of a true deepfake. Matt Monforton, representing Bartel and ASG, contends the Montana law violates free speech rights. Monforton criticizes the law’s disclosure requirement, claiming it aims to undermine the ad’s message. “The whole point of the disclaimer requirement is to make sure that the juice isn’t worth the squeeze for a candidate who wants to use AI,” Monforton noted.
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