Elon Musk’s artificial intelligence company xAI filed a federal lawsuit against the state of Minnesota on Tuesday, challenging a new law that bans software designed to create nude images of individuals without their consent. The lawsuit argues that the law, set to take effect August 1, violates First Amendment free speech protections and is overly broad in its restrictions.
Minnesota’s law, signed by Governor Tim Walz earlier this year, specifically targets so-called ‘nudification’ apps that use AI to digitally remove clothing from photographs or generate nude images of real people without their permission. The legislation was passed amid growing concern over the proliferation of non-consensual deepfake pornography, particularly targeting women and minors.
In its legal filing, xAI contends that the statute goes too far by potentially criminalizing legitimate AI research, image editing tools, and protected speech. The company, which developed the Grok chatbot and image generator, argues that the law’s definition of prohibited conduct is vague and could suppress innovation in the rapidly evolving field of generative AI.
Minnesota Attorney General Keith Ellison’s office is expected to defend the law. Governor Walz responded sharply to the lawsuit, calling Musk a ‘creep’ and vowing to fight the legal challenge. ‘See you in court,’ Walz wrote on social media, signaling the state’s determination to uphold the measure.
The lawsuit is the latest front in an escalating battle between technology companies and state lawmakers over the regulation of AI-generated content. Several states, including California, New York, and Texas, have introduced or passed similar legislation targeting deepfake pornography, but Minnesota’s law is among the most comprehensive in directly prohibiting the creation and distribution of AI-generated nude images.
Legal experts say the case could set a significant precedent for how courts balance free speech protections against the harms of non-consensual AI-generated imagery. First Amendment challenges to state deepfake laws have had mixed results in court, with some judges upholding narrow restrictions while striking down broader prohibitions.
Minnesota officials have defended the law as a necessary tool to combat digital sexual abuse, pointing to cases where AI-generated nude images of high school students were circulated without consent. Supporters of the law argue that ‘nudification’ apps serve no legitimate purpose and cause real harm to victims, particularly minors whose images are altered and shared online.
The case has been assigned to a federal district court in Minnesota. A preliminary hearing on xAI’s request for a temporary restraining order is expected within the coming weeks, ahead of the law’s scheduled August 1 effective date.
