Elon Musk's xAI is suing Minnesota over a new state law banning AI-generated nude images, arguing it infringes on free speech and imposes excessive penalties. The law is set to take effect Saturday.
The lawsuit represents a significant legal challenge to state-level AI regulation, testing the boundaries of free speech protections against emerging technologies that can generate harmful content.
Elon Musk's AI company xAI has sued Minnesota over the state's new law banning "nudification" technology, arguing it infringes on free speech and is overly broad. The law, which is set to take effect Saturday, would make Minnesota the first state to outlaw the use of AI to create fake nude images of real people without consent.
xAI's lawsuit, filed in federal court, contends that while the company does not dispute the state's interest in banning non-consensual AI-generated nude images, the law extends beyond that goal. The company argues it bans constitutionally protected images and imposes a penalty of $500,000 per violation, with no "safe harbor" for companies making good-faith efforts to prevent misuse.
The lawsuit also claims the law's definition of "intimate part" is too broad. xAI stated its terms of service prohibit users from creating such images and that it enforces these rules through account suspensions and reporting suspected child sexual abuse content. The company previously implemented geoblocking for its Grok image generator to prevent editing real people's photos in revealing attire where illegal.
Minnesota Attorney General Keith Ellison, in a statement, called the technology "appalling" and said the state has "plenty of worthy debates to have about AI policy," but that this is not one of them. He emphasized the harm caused by such technology.