Minnesota's AI nudification ban remains in effect after legal challenge from xAI
MN lawmakers defend nudification ban after Musk lawsuit
Minnesota lawmakers and victim-survivor advocates defended a first-in-the-nation law set to take effect Aug. 1 banning nudification technology used to create nonconsensual sexual images. The news conference came one day after Elon Musk’s AI company xAI filed a lawsuit seeking a temporary restraining order to block the law.
(FOX 9) - Minnesota's ban on AI-generated fake nude images, called nudification, will remain in effect as a legal challenge from Elon Musk's xAI company moves forward.
Minnesota nudification ban lawsuit
What we know:
On Friday, U.S. District Judge Donovan Frank again refused to block Minnesota's law banning use of the tech, denying xAI's follow-up request for a preliminary injunction, meaning the law stays in place as the constitutional challenge continues through the courts.
The law, which took effect Aug. 1, bans website operators and software developers from creating fake nude images of identifiable people using AI technology.
Minnesota lawmakers have previously said the law is tailored to stop the spread of nonconsensual sexual imagery made with artificial intelligence.
Dig deeper:
The court had already similarly ruled on July 31 — one day before the law took effect — that xAI was not entitled to a temporary restraining order to block enforcement.
The other side:
The lawsuit argues that the new law, "imposes an overbroad, content-based ban on free speech and the tools of visual expression in a clumsy attempt to prohibit ‘nudification,'" arguing it restricts free speech protected by the U.S. Constitution.
xAI filed the motion on July 29, 2026, nearly three months after the law was signed, and only three days before the law is set to take effect.
In the lawsuit, xAI argues that it already "strictly prohibits its users from generating nude or sexualized images of people without their consent," arguing that the company has previously "filed suit against users who evade its extensive technological blockers to generate such images."
Minnesota cracks down on AI nudification
A new Minnesota law taking effect Aug. 1 makes it illegal to use artificial intelligence to create nude images of someone without their consent. Victoria Pickering from Minnesota Coalition Against Sexual Assault joins us to explain what the law covers, why it was passed, and what Minnesotans should know.
The backstory:
Used by taking someone’s photo or video and turning them nude, the new law passed this past legislative session prohibits someone from accessing, downloading or using a website or app to nudify an image or video, or doing so on behalf of someone else – allowing for a lawsuit for damages of at least $500,000 for each unlawful access.
It also bans advertisements or promotions of products that can nudify images or videos.
Officially SpaceXAI as of Feb. 2, 2026, the company is a subsidiary of the spaceflight company SpaceX, and is said to be working in the area of artificial intelligence (AI).
The Source: Information provided by a ruling from the U.S. District Court, District of Minnesota, and previous FOX 9 reporting from the Minnesota Legislature.