Minnesota's first-in-the-nation ban on AI-generated fake nude images will stay in effect after a federal judge on Friday declined to block it while 
Elon Musk's xAI pursues a constitutional challenge. U.S. District Judge Donovan Frank rejected the company's request for a preliminary injunction at an early stage of the case, CNA reported.
What does the law do? The measure took effect on August 1 and prohibits website operators, software developers and others from allowing users to "nudify" images of identifiable people using AI technology. Minnesota says the law is narrowly tailored to curb the spread of nonconsensual sexual imagery created with artificial intelligence. xAI argues that it restricts free speech protected by the U.S. Constitution.
Why did the judge rule against xAI? Frank's order said the company failed to show it would suffer harm while it pursues a lawsuit alleging the law violates the First Amendment by restricting protected expressive activity, CNA reported. "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," Frank said in the order. "These issues deserve, and will receive, full consideration." The judge had turned down Musk's earlier bid in July to stop the law from taking effect, but agreed to fast-track his review of the measure.
How did the two sides respond? xAI said in a court filing on Friday that it will appeal the order to the St. Louis-based 8th U.S. Circuit Court of Appeals; the company and its lawyers did not immediately respond to requests for comment. Minnesota Attorney General Keith Ellison, a Democrat, called the law "overwhelmingly bipartisan and nearly unanimously approved" by state lawmakers. "These nudification apps have been used to generate child sexual abuse materials and harass people in the vilest ways imaginable," Ellison said in a statement on Friday. "That repulsive behavior is not welcome in Minnesota."
What else has xAI faced over sexual imagery? Musk's Grok AI chatbot has faced criticism over its creation of sexually explicit content, CNA reported. Regulators have sought stronger safeguards and imposed bans to help curb the spread of artificially created illegal material. xAI has begun suing users it alleges are evading Grok's technological blockers to create sexual images of people without their consent.
Figures referenced: Elon Musk. — JudgeMarket.
