Elon Musk’s company xAI has sued Minnesota over the state’s first-in-the-nation law that bans 鈥渘udification鈥� technology on websites and apps, potentially providing a test for how far states can go in constitutionally regulating the use of artificial intelligence.
Musk’s company sued Monday in federal court, days before Saturday and make Minnesota the first state to try to outlaw the increasingly proliferating technology that lets people use AI to to create fake nude images of real people. The law was signed in May.
In the 38-page lawsuit, xAI 鈥� whose AI model chatbot and image generator Grok is available on the social media platform known as X, formerly Twitter, and elsewhere 鈥� said it does not contest the state’s interest in banning the distribution of AI-generated nude images of real people without their consent. But it said Minnesota’s law 鈥渆xtends far beyond that goal,鈥� banning many constitutionally protected images and video and subjecting the company to a penalty of $500,000 per violation.
The lawsuit argues there is no 鈥渟afe harbor鈥� provision for companies that make good faith efforts to prevent such images from being created by users, and that it covers images that were consented to by the depicted person, or even created by that person.
It also says the law鈥檚 definition of 鈥渋ntimate part鈥� is overly broad, covering body parts that are routinely displayed in public.
In a statement, Minnesota Attorney General Keith Ellison said his office had not been served with the lawsuit yet or seen it.
鈥淏ut I know that using AI to generate nude images of people against their will is appalling. 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,鈥� Ellison said.
State laws over election deepfakes have had mixed results in courts. California’s law over First Amendment speech protections. Minnesota’s law has thus far by Musk’s company.
The law is distinct from state and federal laws that outlaw deepfakes, AI-generated sexually explicit images of people without their consent. Those laws typically penalize the people who use the tools to make these images, not the makers of the tools themselves. The federal Take it Down Act, passed last year, also requires websites and apps to implement a process to remove those images.
In the lawsuit, xAI said the terms of service for using Grok prohibit using it for 鈥渁ny illegal, harmful, or abusive activities” that violate someone’s privacy, including altering their image to nudify them or depict them in a sexually explicit image. It said it enforces those rules against violators through account suspensions or terminations, and by reporting suspected child sexual abuse content.
XAI also said earlier this year that it has 鈥渮ero tolerance for any forms of child sexual exploitation, non-consensual nudity, and unwanted sexual content.鈥�
After a global backlash over sexualized images of women and children, it will geoblock content if it violates laws in a particular place, preventing people from editing photos of real people in revealing clothing in places where that is illegal. Grok鈥檚 鈥渟picy mode鈥� had allowed users to create explicit content, leading to a backlash from governments worldwide.
鈥淲e have implemented technological measures to prevent the Grok account from allowing the editing of images of real people in revealing clothing such as bikinis, underwear and other revealing attire,鈥� xAI said in a January statement.
___
Follow Marc Levy at .
Copyright © 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
