State v. Demontiney

¶29 I respectfully dissent. Twenty years ago,Pastos provoked separate dissents from Chief Justice Gray, Justice Trieweiler, and Justice Hunt. All three dissents exposed different flaws in the reasoning of Pastos: that it accepted alarmism and anxiety for a compelling state interest, Pastos, 269 Mont. at 58, 887 P.2d at 209 (Trieweiler, J., dissenting) (“The majority opinion ... is that a compelling state interest can he established based on the majority’s interpretation of what they see on the evening news.”); that the Court misinterpreted the plain meaning and precedent of Montana’s right to…