Federal Judge Allows Minnesota AI Nudification Ban to Proceed

A federal judge has denied Elon Musk's artificial intelligence company xAI a preliminary injunction that would have blocked Minnesota's pioneering anti-nudification law while the company's lawsuit proceeds, according to CBS Minnesota.

The ruling allows the state to enforce what is believed to be the nation's first statute explicitly banning the use of AI tools to create non-consensual sexual or pornographic images from real photographs of individuals.

The law and its passage

Minnesota's legislation, signed by Governor Tim Walz in May 2026, passed with overwhelming bipartisan support—unanimously in the state Senate and with all but one vote in the House. The statute targets companies that create sexualized deepfake images and videos without consent, imposing civil penalties up to $500,000. Victims can also pursue damages directly.

The law was scheduled to take effect on August 1, 2026.

xAI's constitutional challenge

Three days before the implementation date, xAI filed suit claiming the statute violates First Amendment protections. The company argued the law "imposes an overbroad, content-based ban on free speech and the tools of visual expression." xAI requested the court block enforcement during litigation.

In Friday's decision, the judge rejected that request on multiple grounds. The court found xAI demonstrated "a lack of diligence" by waiting three months after the law's passage to file what the judge characterized as a last-minute challenge. The company also failed to establish it would suffer irreparable harm, according to the memorandum.

Why it matters

This ruling sets an early precedent as states grapple with regulating AI-generated content that can be weaponized for harassment, revenge porn, and reputation damage. The judge's emphasis on "balance of harms" and strong public interest signals that courts may be willing to prioritize protection from non-consensual intimate imagery over broad First Amendment defenses—particularly when challengers wait until the eleventh hour to litigate. For AI companies developing image generation tools, the decision suggests compliance frameworks will need to account for state-level content restrictions, even as constitutional questions remain unresolved.

State officials defend the statute

Minnesota Attorney General Keith Ellison praised the ruling, stating he is "extremely proud to be defending this law, and along with it, the dignity of the people of Minnesota." He specifically referenced xAI's Grok Imagine tool in his statement about products the law targets.

The court determined that "public interest tips steeply in favor of the State" when weighing the competing concerns, according to the memorandum.

The underlying lawsuit challenging the law's constitutionality will continue, but enforcement can proceed in the interim. These details were first reported by CBS Minnesota.