Minnesota has asked a federal judge to keep its AI “nudification” ban in force while xAI challenges the law. The decision could affect people depicted in realistic fake nude images and technology companies offering automated image tools.
Key Facts
- Minnesota filed its opposition to xAI’s preliminary-injunction request on August 14, 2026.
- The law took effect August 1 and restricts services that let users create realistic fake nude images of identifiable people.
- xAI argues that the law reaches protected expression, while Minnesota argues that it regulates harmful technological conduct.
- As of FOX 9’s August 19 report, the court had not resolved the constitutional challenge.
What Minnesota is asking the court to do
Minnesota Attorney General Keith Ellison asked the court to deny xAI’s request for a preliminary injunction. That type of order would temporarily stop enforcement while the lawsuit continues.
The state argues that xAI has not shown either immediate, irreparable harm or a likely victory on its constitutional claims. It describes the law as a regulation of automated tools that can create realistic nude images of identifiable people.
The filing is Minnesota’s legal position, not a ruling or a finding that xAI violated the law.
Why xAI says the law is unconstitutional
xAI alleges that the ban violates the First Amendment because it restricts images based on their content. The company also argues that the statute reaches consensual, artistic, political and other lawful expression.
xAI says it does not challenge Minnesota’s interest in preventing the distribution of nonconsensual artificial nude images. Its position is that the state wrote the law more broadly than necessary to address that harm.
The company asked the court to prevent Ellison from enforcing the statute against it while the case proceeds.
What the law covers
Minnesota Laws 2026, Chapter 72 applies to websites, applications, software and other services. Covered operators may not let users create realistic images or videos depicting intimate parts that were absent from an original image of an identifiable person.
The law also prohibits advertising or promoting services that perform that function. It contains an exemption for services requiring substantial technological or artistic skill and judgment from a human user.
People depicted in prohibited images may bring civil lawsuits. The attorney general may also seek civil penalties of up to $500,000 for each unlawful access, download or use.
The measure took effect August 1, 2026, for claims arising on or after that date.
What the court has decided so far
Judge Donovan W. Frank denied xAI’s earlier request for a temporary restraining order on July 31. He concluded that xAI’s delay in seeking emergency relief undercut its claim that the threatened harm was immediate.
That order did not uphold the law or decide whether it complies with the First Amendment. It left xAI’s separate request for a preliminary injunction unresolved.
FOX 9 reported on August 19 that xAI was seeking a preliminary injunction. The station said a ruling was not expected until at least the following week.
Why the outcome matters
Keeping the law in force leaves covered technology companies exposed to enforcement and private lawsuits while the case continues. Blocking it would temporarily limit Minnesota’s ability to apply the new restrictions to xAI.
The broader lawsuit asks whether Minnesota targeted a harmful technological function or restricted too much protected expression. As of FOX 9’s August 19 report, the court had not chosen between those positions.
The case is X.AI LLC v. Ellison, No. 0:26-cv-03425-DWF-DTS, in the U.S. District Court for the District of Minnesota.
