Minnesota’s AI nudification ban has been suspended after a federal appeals court granted Elon Musk’s artificial intelligence company, xAI, an injunction blocking enforcement while its legal challenge continues.
The 8th US Circuit Court of Appeals issued a brief, one-sentence order on Friday and did not explain its reasoning. The decision overturns an earlier ruling that allowed the law to remain in force during the case.
The legislation prohibits the use of artificial intelligence to transform a person’s real photograph into a pornographic or sexual image without their consent.
Under the law, companies responsible for creating non-consensual sexualised images or videos could face civil penalties of up to 500,000 dollars. Victims would also be able to seek damages.
xAI brought its lawsuit three days before the law was due to take effect on 1 August. The company argues that the statute violates the First Amendment by imposing what it described as an “overbroad, content-based ban on free speech and the tools of visual expression”.
Minnesota’s law was passed unanimously by the state Senate and received support from all but one member of the House. Governor Tim Walz signed it in May.
A spokesperson for the Minnesota attorney general’s office said the state was disappointed by the appeals court’s decision and would continue defending the legislation.
“Minnesota’s nudification ban outlaws AI technology products from generating sexual images that harm and harass people in the vilest way possible,” the spokesperson said. “We will continue to vigorously defend the law as the appeal proceeds and we are proud to do so.”
Attorney General Keith Ellison previously said he was “extremely proud to be defending this law”. The appeal will now proceed while enforcement remains paused.
