Minnesota has defended its new law banning AI-generated nonconsensual intimate imagery after a lawsuit from Elon Musk's xAI. The law, which took effect on August 1, prohibits operators of websites, apps, and software from allowing users to create or share AI-generated images or videos that depict identifiable individuals in a sexualized manner without their consent. xAI filed a lawsuit on July 27-28, seeking a declaratory judgment that the law is unconstitutional and arguing that it violates the First Amendment. The company contends the statute is overbroad, imposing restrictions that sweep up protected forms of visual expression alongside genuinely harmful content.
Court Response
The Attorney General's office has framed the law as a carefully constructed response to a specific and growing problem, describing it as narrowly tailored to address image-based sexual abuse. A hearing on xAI's preliminary injunction motion is set for August 19.
Implications
The stakes extend beyond Minnesota, as a patchwork of state laws with different standards and penalties would create a compliance challenge for xAI. The August 19 hearing will be the next major inflection point, offering the clearest signal yet about how federal courts view the constitutionality of AI nudification bans.