Judge denies xAI’s request to block Minnesota ban on ‘nudify’ apps

Minnesota's AI "Nudify" App Ban Takes Effect as Judge Denies xAI's Challenge

Minneapolis, MN – A significant legal battle over the regulation of AI-generated content is unfolding in Minnesota, where a federal judge has denied xAI's last-minute request to halt a new state law banning "nudify" applications. This decision means Minnesota's pioneering legislation, aimed at curbing the creation of non-consensual intimate imagery, can now take effect. The ruling marks a procedural victory for the state and sets the stage for a broader legal debate on free speech, AI governance, and digital safety.

The Genesis of Minnesota's Ban

Minnesota's new law, known as HF 1606, was signed by Governor Tim Walz in May and went into effect on August 1. It is the first law of its kind in the United States to directly ban "nudification" technology. The legislation was championed by Minnesota state Senator Erin Maye Quade, after she learned of a case where a man used social media photos of over 80 women he knew to generate sexualized images and videos without their permission. The law explicitly states that "a person who owns or controls a website, application, software, program or other service must not allow a user to access, download or use the website, application, software, program or other service to nudify an image or video, or nudify an image or video on behalf of a user." It targets websites and apps that enable users to create realistic fake nude images of a real, identifiable person. Furthermore, the law imposes substantial civil penalties, allowing for fines of up to $500,000 for each instance a user generates a non-consensual intimate image using such products. Victims also have a pathway to bring civil lawsuits and seek damages.

xAI's Legal Challenge and First Amendment Arguments

Elon Musk's artificial intelligence company, xAI, which develops the Grok AI chatbot and image generator, filed a lawsuit against Minnesota Attorney General Keith Ellison on July 29, just days before the law was set to take effect. xAI's legal team argued that the Minnesota statute is an "overbroad, content-based ban on free speech and the tools of visual expression in a clumsy attempt to prohibit 'nudification'." While xAI stated it does not dispute Minnesota's interest in preventing the spread of AI-generated nude images of real people without consent, it contended that the law "extends far beyond that goal, exposing a wide array of protected speech to civil liability and government sanction." The company also highlighted the severe financial penalties, suggesting that a platform with 100,000 instances of prohibited image generation could face "an eye-popping $50 billion dollars" in fines. xAI claimed that the law's definition of "intimate part" is too broad, potentially banning depictions of men without shirts or people in swimsuits. The lawsuit also asserted that creating images and videos using its platform is a protected First Amendment activity, and that the Minnesota law burdens xAI and its users' right to freedom of expression.

The Judge's Ruling: A Procedural Denial

On July 31, U.S. District Judge Donovan Frank denied xAI's emergency request for a temporary restraining order to block the law. The judge was not persuaded that enforcing the law would cause immediate harm, noting that xAI filed the lawsuit on July 29, almost three months after the law was signed and merely three days before its effective date. Judge Frank stated, "Such a delay in bringing the action and the motion suggests that harm is not immediate." This decision is a procedural loss for xAI, not a final judgment on the merits of the case. The lawsuit itself is ongoing, with a hearing for a preliminary injunction scheduled for August 19. This upcoming hearing will give xAI another opportunity to argue that the law should be suspended while the case proceeds.

The Technology Behind "Nudify" Apps and xAI's Stance

"Nudify" apps utilize advanced generative AI, specifically deepfake technology, to create fake yet photorealistic nude or sexualized images from clothed photos, often without consent. These systems train neural networks on vast datasets to generate new pixels based on learned patterns, rather than simply "removing" clothing. The process typically involves image detection, body structure estimation, texture generation, and final rendering. xAI, through its Grok AI model, has faced scrutiny regarding its image generation capabilities. Reports indicated that Grok had previously been used to create sexualized images of real women and children. In response to this backlash, xAI implemented restrictions on Grok's image-editing features in January 2026, limiting specific functions to prevent the creation of harmful content. xAI's official Acceptable Use Policy, in effect since January 2, 2025, explicitly prohibits "depicting likenesses of persons in a pornographic manner" and "the sexualization or exploitation of children." The company has also stated it has "zero tolerance for any forms of child sexual exploitation, non-consensual nudity, and unwanted sexual content" and has even sued users for misusing its tools. Despite these stated policies and actions, the legal challenge against Minnesota's ban highlights the tension between AI developers' desire for broad creative freedom and regulators' efforts to protect individuals from digital harm.

Broader Implications for AI Regulation

This case is a significant test for how far states can go in constitutionally regulating the use of artificial intelligence. Minnesota's Attorney General Keith Ellison has firmly defended the law, stating, "There are plenty of worthy debates to have about AI policy. This is not one of them. AI nudification robs the target of their dignity and could cause them immense harm on many levels." Governor Walz was even more direct, calling xAI a "creep" and promising to "see them in court." The outcome of xAI's lawsuit could influence future AI legislation across the country. Other states, like California and Texas, have also taken steps to address deepfakes and AI-generated explicit content, though Minnesota's law is unique in its direct ban on the technology itself rather than solely penalizing the creators or disseminators of the images. This ongoing legal battle underscores the complex challenges of balancing technological innovation, free speech, and the urgent need for digital safety in the age of advanced AI.

Frequently Asked Questions

What is Minnesota's new law regarding "nudify" apps?

Minnesota's new law, HF 1606, bans websites, applications, software, programs, or other services from allowing users to "nudify" images or videos of identifiable individuals using AI. This means these platforms cannot facilitate the creation of non-consensual intimate imagery.

Why did xAI sue Minnesota over this law?

xAI filed a lawsuit arguing that the Minnesota law is an "overbroad, content-based ban on free speech and the tools of visual expression" that violates the First Amendment. The company also raised concerns about the severe financial penalties associated with the law.

What was the judge's decision in xAI's request to block the ban?

U.S. District Judge Donovan Frank denied xAI's request for a temporary restraining order, allowing the Minnesota ban to take effect as planned. The judge noted xAI's delay in filing the lawsuit as a reason for not granting immediate relief.

Does this mean xAI's lawsuit against the ban is over?

No, the judge's decision was a procedural denial of a temporary restraining order. xAI's lawsuit against the Minnesota ban on First Amendment grounds is still ongoing. A hearing for a preliminary injunction, which could temporarily suspend the law while the case proceeds, is scheduled for August 19.