xAI sues Minnesota over 'nudification' ban, calling it an overbroad First Amendment violation

Published Aug 5, 03:15 PM UTC

A new Minnesota law (H.F. 1606) effective August 1 makes it illegal to operate websites, apps, or software that allow users to 'nudify' images, defined broadly to include altering or generating images depicting intimate parts like inner thighs or shirtless men. The law imposes fines of up to $500,000 per violation and allows lawsuits by depicted individuals. Elon Musk's xAI has sued, arguing the law is an overbroad, content-based ban on free speech and tools of visual expression, violating the First Amendment. xAI notes the law could criminalize parodies (e.g., a South Park-style Trump nude), consenting adults generating bikini images of themselves, or even shirtless selfies. The law does not require intent to harass or non-consent; even with technical safeguards, companies can be liable if users evade them. A federal judge rejected xAI's request for a temporary restraining order before the law took effect. The case highlights tensions between combating nonconsensual deepfake nudes and protecting legitimate speech.