Elon Musk’s company xAI has sued Minnesota over the state’s first-in-the-nation law that bans “nudification” technology on websites and apps, potentially providing a test for how far states can go in constitutionally regulating the use of artificial intelligence.
Musk’s company sued Monday in federal court, days before the law is set to take effect Saturday and make Minnesota the first state to try to outlaw the increasingly proliferating technology that lets people use AI to to create fake nude images of real people. The law was signed in May.
In the 38-page lawsuit, xAI — whose AI model chatbot and image generator Grok is available on the social media platform known as X, formerly Twitter, and elsewhere — said it does not contest the state’s interest in banning the distribution of AI-generated nude images of real people without their consent. But it said Minnesota’s law “extends far beyond that goal,” banning many constitutionally protected images and video and subjecting the company to a penalty of $500,000 per violation.
The lawsuit argues there is no “safe harbor” provision for companies that make good-faith efforts to prevent such images from being created by users, and that it covers images that were consented to by the depicted person, or even created by that person.
It also says the law’s definition of “intimate part” is overly broad, covering body parts that are routinely displayed in public.
In a statement, Minnesota Attorney General Keith Ellison said his office had not been served with the lawsuit yet or seen it.
“But I know that using AI to generate nude images of people against their will is appalling. There are plenty of worthy debates to have about AI policy. This is not one of them. AI nudification robs the target of their dignity and can cause immense harm on an emotional, personal, and professional level,” Ellison said.
State laws over election deepfakes have had mixed results in courts. California’s law was blocked over First Amendment speech protections. Minnesota’s law has thus far survived a 2025 court challenge by Musk’s company.
The law is distinct from state and federal laws that outlaw deepfakes, AI-generated sexually explicit images of people without their consent. Those laws typically penalize the people who use the tools to make these images, not the makers of the tools themselves. The federal Take it Down Act, passed last year, also requires websites and apps to implement a process to remove those images.
Texas last year took on nudification in a slightly different way. It made a website or app owner liable to civil damages from a person depicted in a nudified image — and potentially criminal penalties — if the website or app owner knew the person hadn’t given consent to its creation or fails to take it down promptly when told about it.
