23. Article II, Section 7 of Montana's Constitution protects Plaintiffs' freedom of speech.
Mont. Const. art. lI, $ 7;see also Mont. Auto. Ass'nv. Greely (1982), 193 Mont.378,
388, 632 P.2d 300, 305.
24. Montana's free speech provision is afforded the same level ofprotection as the federal
right under the First Amendment. City of Billings v. Laedeke (1991), 247 Mont.
151 ,
158,805P.2d 1348, 1352; see also, City of Helena v. Krautter (1993),258 Mont.361,
363-44, 852 P.2d 636, 368 (holding that, if the statute in question was constitutional
under the First Amendment, it was also constitutional under Article
II, Section 7 of the
Montana Constitution).
25. Freedom of speech is a "fundamental" right and is "essential to the common quest for
truth and the vitality of society as a whole." State v. Dugan,2013 MT 38, fl 18,369
Mont. 39, 303 P.3d 755 (citations omitted).
26. Core political
speech is accorded "the broadest
protection." E.g., Mclntyre v. Ohio
Elections Comm'n,514 U.S. 334,346 (1995).
27. Llke the circulation ofan initiative petition for signatures, ballot collection activity is
"the type
of
interactive communication conceming political change that is
appropriatelydescribedas'corepoliticalspeech."'Meyerv.Grant,486U.5.414,42122 (1988); see also Buckley v. Am. Constitutional Lqw Found., |nc.,525 U.S. 182, 186
(1999) (citing Meyer for this same proposition).
28. "The constitutional guaranty [sic]
of free speech provides for the opportunity
persuade to action, not merely to describe
at 305 (citations omitted).
49
to
facts." Greely, 193 Mont. at 387 , 632 P.2d