Politicians want to police ‘deepfakes’ to control the truth. The First Amendment says no

Published October 1, 2026 10:00am ET



The legal landscape around AI-generated speech is still evolving, but a recent decision in Montana offers a positive development for proponents of free speech.

Earlier this year, the Montana-based interest group Accountability in State Government sent AI-doctored political mailers to voters. One depicted a legislator spraying cash from a gas pump to display his support for a gas tax hike, and two others depicted Republican legislators sporting pride flags and pronoun pins to suggest their alignment with Democrats in the state legislature.

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