Montana District Court Denies Motion to Dismiss FSC Lawsuit in 'Major Victory'

Montana District Court Denies Motion to Dismiss FSC Lawsuit in 'Major Victory'

HELENA, Mont. — Free Speech Coalition (FSC) scored a major victory Tuesday in its fight against Montana's age verification law, when a Montana district court denied the state's motion to dismiss the adult industry trade association's lawsuit challenging the statute.

FSC's statement follows:

In a major victory for Free Speech Coalition’s fight against age-verification laws, a Montana District Court has denied the state’s Motion to Dismiss, allowing the suit to proceed. The Montana ruling stands in stark opposition to a separate recent decision in Utah, where the state’s motion to dismiss was granted.

Like the Utah law and those in several other states, Montana’s law allows for enforcement only through private lawsuits, meaning that citizens—rather than the state—can sue websites for non-compliance. Supporters of the law argue that because no government official is directly responsible for enforcement, the law cannot be challenged until someone sues under it.

“This is a major victory in the fight for free speech and internet freedom,” says Alison Boden, Executive Director of Free Speech Coalition. “Despite the Montana Attorney General’s attempt to dismiss the validity of our claims, the court has ruled that the case can proceed. We look forward to arguing this case on its merits.”

Free Speech Coalition filed suit against the Montana Attorney General in May, arguing that Montana’s SB 544 violates rights granted by the First Amendment and the Fourteenth Amendment’s Due Process and Equal Protection Clauses, in addition to the Commerce and Supremacy Clauses of the Constitution. The court dismissed the Commerce Clause claim but allowed all other claims to proceed.

Free Speech Coalition has previously secured preliminary injunctions against unconstitutional age-verification laws in District Courts in Indiana and Texas. The Indiana case has proceeded to discovery and the Supreme Court will hear arguments regarding the Texas case in early 2025. 

Representing Free Speech Coalition and its co-plaintiffs in this case are Jeff Sandman of Webb Daniel Friedlander LLP, D. Gill Sperlein of the Law Office of D. Gill Sperlein, and Natasha Prinzing Jones of Boone Karlberg P.C.

To read the full decision, click here.

For more information, visit FreeSpeechCoalition.com.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

Show More