A federal judge has denied xAI's request to temporarily halt Minnesota's ban on apps that create fake nude images of individuals. U.S. District Judge Donovan Frank ruled on Friday that xAI, an artificial intelligence company founded by Elon Musk, had not demonstrated immediate harm from the law's enforcement. The decision means Minnesota's law, the first of its kind in the United States, can proceed as planned.
The law, which took effect on Saturday, August 1, 2026, prohibits the use, advertisement, and dissemination of "nudification" technology. This technology allows users to alter or generate images to depict individuals in a nude state without their consent. Companies that own or control such services face potential civil penalties of up to $500,000 per violation. The legislation also provides a pathway for victims to pursue civil lawsuits.
xAI filed a lawsuit on July 29, 2026, arguing that Minnesota's law violates the First Amendment of the U.S. Constitution. The company contended that the statute is an "overbroad, content-based ban on free speech and the tools of visual expression." xAI asserted that the law would unduly restrict its Grok AI technology, which offers image generation and editing capabilities. The company claimed it already prohibits users from generating nonconsensual nude images and has taken legal action against users who bypass its safeguards.
Judge Frank noted in his ruling that xAI filed its motion for a restraining order nearly three months after the law was signed in May 2026, and just days before it was set to take effect. The judge stated that "such a delay in bringing the action and the motion suggests that harm is not immediate." While the request for a temporary restraining order was denied, the court will still consider xAI's broader request for a preliminary injunction. A hearing on this motion is scheduled for August 19, 2026.
Minnesota Attorney General Keith Ellison, whose office is defending the law, called the ruling "great news." "I am extremely proud to be defending this law, and along with it, the dignity of the people of Minnesota," Ellison stated. State Senator Erin Maye Quade, a sponsor of the bill, expressed pride in defending the law, which she began working on two years prior after hearing from women targeted by such technology.
The Minnesota legislation passed with near-unanimous bipartisan support. Governor Tim Walz signed the bill into law on May 6, 2026. The law aims to address the proliferation of nonconsensual intimate imagery generated by artificial intelligence, a problem that has grown with the increasing capabilities of AI tools. Reports have linked xAI's Grok AI to the creation of millions of sexualized images, including those that appeared to depict children, prior to the company implementing stricter controls.
The law includes exceptions for content that requires "substantial application of technological or artistic skill by a human creator directing and controlling the output." This provision aims to distinguish between harmful AI-generated content and legitimate artistic or technical uses of image manipulation. While Minnesota's law is the first of its kind to ban nudification technology outright, other states and federal legislation have also addressed the creation and dissemination of nonconsensual intimate images.