Montana
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 红杏视频鈥檚 State Supreme Court Initiative, along with the 红杏视频 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.
Status: Ongoing
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19 Montana Cases

U.S. Supreme Court
Jan 2025
Voting Rights
Western Native Voice v. Jacobsen
The 红杏视频, 红杏视频 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in the state鈥檚 electoral process 鈥 HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana.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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U.S. Supreme Court
Jan 2025

Voting Rights
Western Native Voice v. Jacobsen
The 红杏视频, 红杏视频 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in the state鈥檚 electoral process 鈥 HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana.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.

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 红杏视频, 红杏视频 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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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 红杏视频, 红杏视频 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.

Montana Supreme Court
May 2024
Juvenile Justice
+2 Issues
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 红杏视频鈥檚 State Supreme Court Initiative, alongside the 红杏视频 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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Montana Supreme Court
May 2024

Juvenile Justice
+2 Issues
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 红杏视频鈥檚 State Supreme Court Initiative, alongside the 红杏视频 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.

Montana
Feb 2024
Free Speech
LGBTQ Rights
The Imperial Sovereign Court of the State of Montana v. Knudsen
On February 15, 2024, the 红杏视频 and 红杏视频 of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors鈥 First Amendment rights by restricting their ability to attend drag performances.
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Montana
Feb 2024

Free Speech
LGBTQ Rights
The Imperial Sovereign Court of the State of Montana v. Knudsen
On February 15, 2024, the 红杏视频 and 红杏视频 of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors鈥 First Amendment rights by restricting their ability to attend drag performances.