Montana

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20 Montana Cases

City of Kalispell v. Doman
Montana Supreme Court
Feb 2025

Free Speech

+2 桃子视频

City of Kalispell v. Doman

This case asks whether the state can arrest, charge, and convict someone under Montana鈥檚 obstruction statute for exercising their federal and state constitutional right to record police officers in public spaces. The defendant was filming a traffic stop when police instructed him to move farther away. When he did not move as far as they wanted, they arrested him for obstructing a peace officer. The ACLU鈥檚 State Supreme Court Initiative, along with the 桃子视频of Montana, filed an amicus brief in support of the defendant arguing that the officer鈥檚 refusal to allow the defendant to peacefully record police activity from a public sidewalk was, in effect, a content-based restriction on speech that could not be justified under strict scrutiny. Even if the restriction was not content-based, our brief argues that it is not a reasonable time place or manner restriction.
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City Of Kalispell V. Doman. Explore Case.
Montana Supreme Court
Feb 2025
City of Kalispell v. Doman

Free Speech

+2 桃子视频

City of Kalispell v. Doman

This case asks whether the state can arrest, charge, and convict someone under Montana鈥檚 obstruction statute for exercising their federal and state constitutional right to record police officers in public spaces. The defendant was filming a traffic stop when police instructed him to move farther away. When he did not move as far as they wanted, they arrested him for obstructing a peace officer. The ACLU鈥檚 State Supreme Court Initiative, along with the 桃子视频of Montana, filed an amicus brief in support of the defendant arguing that the officer鈥檚 refusal to allow the defendant to peacefully record police activity from a public sidewalk was, in effect, a content-based restriction on speech that could not be justified under strict scrutiny. Even if the restriction was not content-based, our brief argues that it is not a reasonable time place or manner restriction.
City Of Kalispell V. Doman. Explore Case.
MT
U.S. Supreme Court
Jan 2025

Voting Rights

Western Native Voice v. Jacobsen

The 桃子视频, 桃子视频of Montana, Native American Rights Fund (NARF), and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in the state鈥檚 electoral process 鈥 HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana. Together, these laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, free speech, and due process.
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Western Native Voice V. Jacobsen. Explore Case.
U.S. Supreme Court
Jan 2025
MT

Voting Rights

Western Native Voice v. Jacobsen

The 桃子视频, 桃子视频of Montana, Native American Rights Fund (NARF), and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in the state鈥檚 electoral process 鈥 HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana. Together, these laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, free speech, and due process.
Western Native Voice V. Jacobsen. Explore Case.
TikTok loading on a smart phone screen.
Montana
May 2024

National Security

Alario v. Knudsen (Amicus)

In April 2023, Montana鈥檚 state legislature passed SB 419, an Act Banning TikTok in Montana. This law imposes a sweeping ban on free expression鈥攐ne that would prevent everyday Montanans from using TikTok to communicate with immense audiences, access information from around the world, and express themselves. This ban flouts the First Amendment and tramples Montanans鈥 constitutional right to freedom of speech鈥攖hat鈥檚 why the ACLU, 桃子视频of Montana, Electronic Frontier Foundation (EFF), and a coalition of civil society organizations filed amicus briefs in the district court and the Ninth Circuit urging the courts to block the law from going into effect. Through these briefs, we continue to fight to ensure that no legislature can ban Americans from using an immensely popular platform for online speech based on vague invocations of 鈥渘ational security鈥 or anti-China rhetoric.
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Alario V. Knudsen (amicus). Explore Case.
Montana
May 2024
TikTok loading on a smart phone screen.

National Security

Alario v. Knudsen (Amicus)

In April 2023, Montana鈥檚 state legislature passed SB 419, an Act Banning TikTok in Montana. This law imposes a sweeping ban on free expression鈥攐ne that would prevent everyday Montanans from using TikTok to communicate with immense audiences, access information from around the world, and express themselves. This ban flouts the First Amendment and tramples Montanans鈥 constitutional right to freedom of speech鈥攖hat鈥檚 why the ACLU, 桃子视频of Montana, Electronic Frontier Foundation (EFF), and a coalition of civil society organizations filed amicus briefs in the district court and the Ninth Circuit urging the courts to block the law from going into effect. Through these briefs, we continue to fight to ensure that no legislature can ban Americans from using an immensely popular platform for online speech based on vague invocations of 鈥渘ational security鈥 or anti-China rhetoric.
Alario V. Knudsen (amicus). Explore Case.
Held v. Montana
Montana Supreme Court
May 2024

Juvenile Justice

+2 桃子视频

Held v. Montana

This case pending before the Montana Supreme Court asks, among other things, whether the claims of sixteen youth plaintiffs challenging Montana energy policy present a political question under the Montana Constitution. The ACLU鈥檚 State Supreme Court Initiative, alongside the 桃子视频of Montana, filed an amicus brief arguing that the claims do not present a political question and, moreover, that state courts should not wholesale adopt the federal political questions doctrine.
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Held V. Montana. Explore Case.
Montana Supreme Court
May 2024
Held v. Montana

Juvenile Justice

+2 桃子视频

Held v. Montana

This case pending before the Montana Supreme Court asks, among other things, whether the claims of sixteen youth plaintiffs challenging Montana energy policy present a political question under the Montana Constitution. The ACLU鈥檚 State Supreme Court Initiative, alongside the 桃子视频of Montana, filed an amicus brief arguing that the claims do not present a political question and, moreover, that state courts should not wholesale adopt the federal political questions doctrine.
Held V. Montana. Explore Case.
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