Minnesota AI Ban Upheld
Federal Judge Keeps Minnesota AI Nudification Ban in Effect Amid Lawsuit
Anonymous
Key Points
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Before denying the preliminary injunction, Judge Donovan Frank rejected xAI’s request for a temporary restraining order on July 31, just one day before the law took effect.
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Judge Frank faulted xAI for waiting until the last minute to sue, writing that if the company genuinely feared irreparable harm, it would have acted more quickly; the company waited roughly three months after the law’s passage before filing its lawsuit.
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xAI maintains that it already prohibits users from creating nude or sexualized images without Minnesota’s law, adding to its argument that the statute is an unnecessarily broad restriction on its visual-expression tools.
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Minnesota Attorney General Keith Ellison said nudification applications have been used to generate child sexual abuse material and to harass people, describing the conduct as “the vilest ways imaginable.”
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The measure was signed by Gov. Tim Walz in May after passing the state Senate unanimously and clearing the House with only one lawmaker opposed, providing the legislative background for the court’s emphasis on broad bipartisan support.
A federal judge has rejected Elon Musk's xAI for a second time, allowing Minnesota's ban on AI-generated nude images to stay in effect. U.S. District Judge Donovan Frank ruled that xAI failed to show the law would cause irreparable harm, and that protecting people from nonconsensual sexual imagery outweighed free speech concerns. The statute, which took effect August 1, imposes civil penalties up to $500,000 for creating or distributing such images.
xAI argues the law unconstitutionally restricts free speech and visual-expression tools. Minnesota Attorney General Keith Ellison countered that nudification apps generate child sexual abuse material and enable harassment. The law passed the state Senate unanimously and cleared the House with just one 'no' vote, giving the court strong legislative backing for the ban.
Judge Questions xAI's Timing and Urgency
Judge Frank criticized xAI for waiting roughly three months after the law passed before filing its lawsuit. The company sued just one day before the August 1 deadline. The judge wrote that if xAI truly feared irreparable harm, it would have acted sooner. On July 31, Frank had already rejected xAI's emergency request for a temporary restraining order.
xAI Claims It Already Blocks Nude Image Creation
xAI argues the Minnesota law is unnecessary because the company already prohibits users from generating nude or sexualized images on its platform. The company contends the statute is an overbroad restriction on its visual-expression tools and violates free speech protections. Legal experts note the case will continue through future proceedings examining whether the law meets constitutional standards.
Law Targets Real Harms From AI Nudification
Minnesota Attorney General Keith Ellison highlighted the law's purpose: stopping AI nudification apps used to create child sexual abuse material and harass victims. He described such conduct as "the vilest ways imaginable." Governor Tim Walz signed the measure in May after overwhelming legislative support. The near-unanimous bipartisan passage strengthened the court's reasoning that protecting citizens outweighed xAI's free speech objections.
Case Will Continue With Constitutional Questions Unresolved
Today's ruling is not a final decision on whether Minnesota's law violates the First Amendment. Judge Frank only rejected xAI's request to pause enforcement while the lawsuit proceeds. The case will move forward through additional court proceedings. Legal arguments over content-based speech restrictions and visual-expression rights will continue as both sides present their full cases.
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