xAI challenges Minnesota's sweeping ban on AI-generated nudification on free-speech grounds
Elon Musk's xAI has filed a federal lawsuit arguing that Minnesota's new law prohibiting any AI “nudify” service violates the First Amendment.
A Minnesota law that took effect on August 1 bans any website, app or software that allows users to "nudify" images, defining the term broadly enough to cover realistic depictions of partial nudity, even in satirical or artistic contexts. Elon Musk's xAI, which enforces strict consent policies, has sued the state, claiming the ban is an unconstitutional content-based restriction on speech. The company asked the U.S. District Court for the District of Minnesota for a temporary restraining order, but Judge Donovan W. Frank rejected the request, noting the timing of the filing.
A hearing on a preliminary injunction is scheduled for August 19. Critics, including commentator Mike Masnick, argue the law could penalize harmless uses such as self-generated bikini images or parody of public figures. The case highlights tension between efforts to curb non-consensual deep-fake nudes and broader First Amendment rights.
Why it matters
The lawsuit could shape how states regulate AI-generated imagery without infringing free speech.
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