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Under the Montana Constitution, Article 2, Section 9, Right to Know, "No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure." This right belongs to all Montanans. It is limited only by a defendant's right to privacy. The Right to Know under Montana's constitution is probably the best route for disclosure of Gianforte's mug shot.

Justice West was well within his authority to force Gianforte to be photographed and fingerprinted. Section 46-18-201(4), MCA, allows a judge to impose any reasonable restrictions or conditions when a sentence is deferred or suspended. Reasonable restrictions or conditions inlude, but are not limited to, any restrictions or conditions considered necessary for rehabilitation or for the protection of the victim or society.