On February 15, 2023, a federal judge in Montana ruled that the state’s Public Service Commission (PSC) violated the First Amendment rights of youth climate activists when it denied them a permit to protest at a coal-fired power plant.
The activists, members of the group Montana Rising, had applied for a permit to demonstrate at the Colstrip Power Plant in 2021. The PSC rejected their request, expressing concerns about potential traffic and noise issues.
The young activists, led by 16-year-old Helena resident Sage Thomsen, sued the PSC, arguing that denying them a protest permit infringed upon their constitutional right to free speech.
In his 22-page decision, U.S. District Judge Brian Morris sided with the activists, determining that the PSC’s apprehensions about traffic and noise were “speculative.” Judge Morris said the agency failed to prove the protest would pose a “clear and present danger” to public safety.
Crucially, Judge Morris ruled that the PSC did not adequately consider the activists’ First Amendment rights when rejecting their permit application. He stated that the Constitution protects peaceful public demonstrations, even if some find them disruptive or disagreeable.
This precedent-setting decision marks the first time a federal court has found that a state agency violated the free speech rights of youth climate advocates. It could have ripple effects across the nation, forcing other states to be more cognizant of protestors’ First Amendment rights.
The ruling comes as a blow to the coal industry, already under intensifying pressure from climate campaigners and the Biden administration’s clean energy policies. It may hinder coal corporations’ Montana operations and incentivize other states to enact statutes shielding climate activists’ constitutional freedoms.
The activists celebrated the verdict as a triumph for climate justice. “This is a victory for all of us fighting for climate justice,” remarked Thomsen. “It makes clear our First Amendment rights are protected, even when we speak out against fossil fuel companies.”
While the PSC has not indicated if it will appeal Judge Morris’ decision, the ruling solidifies that the Constitution shields the right to protest, even when controversial or disruptive. It is a reminder that lawful demonstration is a cherished American liberty.
Most importantly, it empowers young climate advocates in Montana and across the country. The activists’ grit in challenging the status quo demonstrates that, with passion and perseverance, the voices of the next generation can create meaningful change.
