Billionaire Elon Musk’s artificial intelligence company is suing Minnesota over a first-of-its-kind law that bans apps and websites that create fake, sexualized pictures of individuals, claiming it violates the First Amendment.
The bill prohibiting access to what’s known as “nudification” technology was signed into law by Gov. Tim Walz earlier this year and is set to take effect in August. The law, known as HF 1606, also creates a pathway for victims and the state attorney general’s office to go after companies that are behind this kind of AI.
The lawsuit filed Monday in federal court on behalf of xAI against Minnesota Attorney General Keith Ellison argues that the statute “imposes an overbroad, content-based ban on free speech and the tools of visual expression.”
While xAI says it “does not contest Minnesota’s interest in prohibiting the dissemination of artificially generated nude images of real people without their consent,” the law “extends far beyond that goal” and exposes a “wide array of protected speech to civil liability and government sanctions,” the civil complaint says.
Musk’s company argues the law makes the AI provider strictly liable regardless of whether it prohibits users from using the tool for nudification and how many mitigations the provider has in place to prevent such use. It also argues that the company is held liable if the persons depicted consented to the creation of the image, or if the image has “artistic, scientific, political, satirical, educational, medical, or religious value.”
The lawsuit also claims that the law’s definition of “intimate part” is broad and bans depictions of men without shirts, people in shorts or swimsuits and other depictions “far beyond what an ordinary person would consider ‘nudification.'”
xAI argues that creating images and videos using its platform is protected First Amendment activity, and that Minnesota’s anti-nudification law burdens xAI and its users’ right to freedom of expression.
“We’re waiting to be served and will review the lawsuit and response in Court. But I know that using AI to generate nude images of people against their will is appalling,” Ellison said about the lawsuit. “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.”
Musk’s AI company is asking the court to declare the law unconstitutional and issue an order preventing Minnesota from enforcing the law.
In response to the lawsuit, Walz tweeted, “See you in court, creep.”
The Trump administration last year announced it would challenge AI laws made at the state level, and earlier this year announced a “comprehensive national legislative framework” for regulating the technology. The White House said “a patchwork of conflicting state laws would undermine American innovation and our ability to lead the global AI race.”
