Archive · 5 Sep 2026
xAI Loses Bid to Block Minnesota AI Nudification Ban
Minnesota has a law against using artificial intelligence to make fake nude pictures of identifiable people.
The law began on August 1.
Elon Musk’s company, xAI, asked a judge to pause the law.
xAI says the law may limit speech protected by the First Amendment.
Minnesota says the law is meant to stop people from making and sharing sexual images without permission.
Judge Donovan Frank refused to pause the law for now.
This does not end xAI’s larger lawsuit against Minnesota.
The judge said the constitutional questions need a fuller review.
The law will stay in effect while the case continues.
A federal judge declined xAI’s request to temporarily block Minnesota’s AI-generated fake-nude-image ban.
The law took effect August 1 and prohibits allowing users to “nudify” identifiable people’s images.
xAI argues the measure restricts expressive activity protected by the First Amendment.
Minnesota says the law narrowly targets nonconsensual sexual imagery and harassment created with AI.
Judge Donovan Frank said the constitutional questions are complex and will receive full consideration as the case continues.
- Who
- Elon Musk’s xAI and Minnesota are the main parties; U.S. District Judge Donovan Frank issued the ruling, and Attorney General Keith Ellison defended the state law.
- What
- Judge Frank rejected xAI’s request for a preliminary injunction against Minnesota’s ban on AI-generated fake nude images.
- When
- The ruling was issued Friday; the law took effect August 1, and the case is continuing on an expedited schedule.
- Where
- The dispute is in federal court and concerns Minnesota’s statewide law.
- Why
- xAI says the law unlawfully restricts First Amendment-protected expression, while Minnesota says it is designed to curb nonconsensual sexual imagery and harassment.
xAI’s Constitutional Challenge
Minnesota’s Public-Safety Defense
First Amendment
xAI’s Constitutional Challenge
xAI argues that Minnesota’s law restricts constitutionally protected expressive activity.
Minnesota’s Public-Safety Defense
Minnesota argues that the law targets harmful, nonconsensual sexual imagery rather than protected expression generally.
Purpose of the ban
xAI’s Constitutional Challenge
xAI is seeking to prevent the law from applying while its constitutional lawsuit proceeds.
Minnesota’s Public-Safety Defense
Minnesota says nudification apps have been used to generate child sexual abuse materials and harass people.
Court review
xAI’s Constitutional Challenge
xAI did not obtain an early injunction, but its broader constitutional challenge remains pending.
Minnesota’s Public-Safety Defense
The state prevailed at this preliminary stage, while the judge emphasized that the constitutional issues require full consideration.
- Ruling
- Judge Donovan Frank denied xAI’s request to block the law temporarily.
- Law effective date
- August 1.
- Covered conduct
- Allowing users to use AI to “nudify” images of identifiable people.
- xAI’s argument
- The law restricts expressive activity protected by the First Amendment.
- Minnesota’s position
- The measure is narrowly tailored to address nonconsensual sexual imagery created with AI.
- Case status
- xAI’s constitutional challenge continues, with the judge agreeing to fast-track review.
- Related technology
- Musk’s Grok AI chatbot has faced criticism over sexually explicit content.
