xAI Files Lawsuit Challenging Minnesota's Nudification Law as Unconstitutional

Artificial-intelligence company xAI filed a lawsuit on Tuesday against Minnesota Attorney General Keith Ellison, contesting a state law enacted in May that bans "nudification" technology. The company says the statute’s civil penalties of up to $500,000 per violation and its broad prohibition on accessing, downloading, or using such software infringe on free-speech protections.

The Minnesota law, signed by Governor Tim Walz and set to take effect on Aug. 1, targets applications that can generate nude images or videos, with an exemption for tools that require advanced user skill. xAI argues the measure is overbroad because it could punish the creation of consensual or artistic content and imposes strict liability even when the firm employs advanced safeguards.

"The statute’s punitive provisions leave the company with no practical choice but to restrict Grok Imagine’s image-editing features in various ways," the complaint states.

xAI also notes that it has previously sued a user for generating child sexual abuse material with its Grok platform, underscoring its enforcement of terms of service. The lawsuit claims existing federal statutes, such as the TAKE-IT-DOWN Act, already address non-consensual deepfake distribution and are drafted in a constitutionally sound manner, unlike the new Minnesota law.

The dispute follows a surge of sexually explicit deepfakes produced by Grok in January, including thousands involving minors, which prompted investigations in the EU, the United Kingdom and several U.S. states. Minnesota’s legislation is among the first in the United States to specifically target nudification technology, and its constitutionality will likely be examined in court.