IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA; ADRIA JAWORT; RACHEL CORCORAN; MONTANA BOOK COMPANY; IMAGINE BREWING COMPANY, LLC; BUMBLEBEE AERIAL FITNESS; WESTERN MONTANA COMMUNITY CENTER; GREAT FALLS LGBTQ+ CENTER; THE MYRNA LOY; MONTANA PRIDE; ROXY THEATER v. AUSTIN KNUDSEN; ELSIE ARNTZEN and J.P. GALLAGHER, CITY OF HELENA
March 13, 2026·2:23-cv-00050-·Published·Judge Sung·By Aisha Johnson
The Ninth Circuit affirmed a preliminary injunction against Montana's House Bill 359, which restricts 'drag story hours' and 'sexually oriented performances,' finding it likely violates the First Amendment.
Montana House Bill 359 restricts ‘drag story hours’ and ‘sexually oriented performances’ in schools and libraries receiving state funding. Plaintiffs challenged the law, claiming it violates their First Amendment rights.
The court’s reasoning
The court held that the plaintiffs are likely to succeed on their First Amendment challenge because the law imposes content-based restrictions on expressive activities without being narrowly tailored to serve a compelling governmental interest.
What it means going forward
The decision prevents the enforcement of Montana’s restrictions on drag story hours and sexually oriented performances, maintaining the status quo while the case proceeds.
