Montana deepfake injunction exposes constitutional limits on election-AI laws
On September 17, Reuters reported that US District Judge Susan Watters preliminarily blocked Montana from enforcing Senate Bill 25 against a conservative political group, finding that its treatment of harmful and favorable AI-generated election media likely constituted viewpoint discrimination.
Inside Practice · SEPTEMBER 24, 2026 · 1 MIN READ
On September 17, Reuters reported that US District Judge Susan Watters preliminarily blocked Montana from enforcing Senate Bill 25 against a conservative political group, finding that its treatment of harmful and favorable AI-generated election media likely constituted viewpoint discrimination. The injunction protects the named plaintiffs rather than stopping statewide enforcement, and the November 3 election remains the immediate operational context. Political advertisers, platforms and corporate public-affairs teams should not infer that all disclosure or deepfake rules are invalid; instead, they need state-by-state review of scope, disclaimers, satire exemptions and available remedies. With more than 30 states reported to have similar laws, inconsistent constitutional outcomes could create a fragmented compliance calendar through the US election cycle.