This case asks whether the state can arrest, charge, and convict someone under Montana’s 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’s State Supreme Court Initiative, along with the ACLU of Montana, filed an amicus brief in support of the defendant arguing that the officer’s 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.

Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.

After a years-long effort by the state of Montana to deny transgender people the right to update their identity documents, two transgender women filed a class-action lawsuit against the state and several of its agencies and officials. 26 states and the District of Columbia issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker, while Montana is one of five states that prohibits any changes.