Elon Musk’s artificial intelligence company, xAI, has filed a federal lawsuit against the state of Minnesota to challenge a new law that prohibits the use of “nudification” technology. The legislation, which was signed in May, is scheduled to take effect this Saturday, marking the first time a state has attempted to ban the production of AI-generated fake nude imagery of real people. The 38-page complaint was filed on Monday, just days before the law becomes enforceable.
While xAI—the developer behind the Grok chatbot and image generator—stated it does not dispute the state's interest in preventing the unauthorized distribution of non-consensual AI-generated nude images, it argues that Minnesota’s law is constitutionally overbroad. According to the lawsuit, the statute covers protected images and videos, potentially penalizing the company with $500,000 for each violation. xAI further contends that the law lacks a “safe harbor” provision for companies that attempt in good faith to prevent such content from being generated. The company also criticized the law’s definition of “intimate part,” claiming it is broad enough to include body parts that are commonly visible in public settings, and noted that the law even applies to images created with the consent of the person depicted.
Minnesota Attorney General Keith Ellison stated that his office had not yet been served with the lawsuit. However, he defended the necessity of the law, noting that using AI to generate non-consensual nude images is “appalling” and causes significant emotional and professional harm. He emphasized that the issue of AI nudification should not be a matter of debate.
The legal landscape regarding AI deepfakes remains complex; while California’s attempt to regulate election-related deepfakes was blocked on First Amendment grounds, Minnesota’s law has previously survived a 2025 challenge brought by Musk’s company. Unlike federal efforts like the Take It Down Act, which focuses on removing non-consensual images, or Texas legislation that targets website owners for civil damages, Minnesota’s law specifically aims to criminalize the technology itself.
In its defense, xAI highlighted its existing terms of service, which prohibit illegal or abusive activities, including the creation of non-consensual sexual content. The company stated it enforces these rules through account terminations and content reporting. Following global criticism regarding the sexualization of images on Grok, the company announced in January that it would implement geo-blocking and technical measures to prevent the editing of images showing real people in revealing attire in jurisdictions where such content is prohibited.
