Federal judge again rules against Musk’s xAI, allowing Minnesota ‘nudification’ ban to continue

A federal judge has again denied an attempt by Elon Musk’s xAI company to stop Minnesota from enforcing a statewide ban on technology used to “nudify” photos or videos.

U.S. District Judge Donovan Frank denied xAI’s request for a preliminary injunction against the state, ruling Friday that the company “has not demonstrated irreparable harm” by allowing the law to remain in effect.

The case, however, is not over, as future hearings will determine whether the first-of-its-kind law that just took effect last month violates people’s rights.

How we got here

The Minnesota Legislature passed the “nudification” ban this spring, approving a $500,000 penalty for each unlawful access or download of images that were altered to make someone appear naked or worse. The law then took effect on Aug. 1.

However, just a few days before Aug. 1, xAI filed a lawsuit, claiming Minnesota’s law “imposes an overbroad, content-based ban on free speech and the tools of visual expression in a clumsy attempt to prohibit ‘nudification.’”

RELATED: Elon Musk suing Minnesota over state law banning AI ‘nudification’

The company claims that it already prohibits its users from creating nude or sexualized images without the state’s ban.

One day before the law was set to take effect, Judge Frank denied xAI’s request to halt the “nudification” ban while the lawsuit plays out in court, citing in part that xAI waited until the last minute to file the lawsuit.

“If xAI genuinely feared irreparable harm, the Court does not doubt it would have acted more quickly to file this action and move for injunctive relief. The fact that it did not do so strongly suggests a lack of irreparable harm,” Frank wrote.

Two weeks ago, the parties appeared in St. Paul federal court to discuss the lawsuit, which Minnesota Attorney General Keith Ellison argued shows no reason for a preliminary injunction.

What’s next

Future court hearings are not yet set, but the case continues.

Judge Frank noted in his Friday order that “The constitutional issues raised by the parties are complex, particularly when considered in the context of this new technology and the risks that it poses to the public.”

Those issues will now take center stage as the case progresses, and a final determination will likely have major implications beyond just Minnesota.

In approving the law, state lawmakers and even Ellison have said nudification apps have been used to harass people and generate child sexual abuse material.

“I am extremely proud to be defending this law, and along with it, the dignity of the people of Minnesota,” said Attorney General Ellison. “Minnesota’s landmark, overwhelmingly bipartisan and nearly unanimously approved law banning AI technology products, like X.AI’s Grok Imagine, from generating nudified and other sexual images continues to be in effect.”

Read Frank’s full ruling below.

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