What happened in court
A federal judge heard arguments Wednesday on xAI's request to temporarily block Minnesota from enforcing its AI "nudification" ban while the larger legal challenge proceeds, but did not issue a decision the same day. The judge said he would expedite his review and would likely inform the parties of next steps on Monday. Wednesday's hearing was limited to whether Minnesota should be barred from enforcing the statute while the suit moves through court.
Status of the ban
Minnesota's law, H.F. 1606, took effect on August 1, 2026, and remains in force. U.S. District Judge Donovan W. Frank denied xAI's earlier emergency motion for a temporary restraining order in a two-page order issued July 31, ruling that xAI filed "nearly three months after the law was signed, and only three days before the law is set to take effect" and that such delay "suggests that harm is not immediate."
What the statute prohibits
H.F. 1606 adds a new section to Minnesota law barring operators of websites, apps, or software from allowing users to "nudify" images of real people or to generate such alterations on a user's behalf, and from advertising or promoting such services. The bill defines "nudify" as altering or generating an image so that it depicts an intimate part not present in the original, in a manner realistic enough that a reasonable viewer would believe it belonged to the person shown, and exempts tools that require the technical skill of a user to produce the alteration, while preserving Section 230 protections.
xAI's legal arguments
xAI argues the law is overbroad and violates the First Amendment, contending that it could sweep in consensual or artistic, scientific, educational and other protected images. According to the civil complaint, xAI "does not contest Minnesota's interest in prohibiting the dissemination of artificially generated nude images of real people without their consent."
Federal government's position
The Department of Justice filed a statement of interest ahead of Wednesday's hearing in support of xAI's position, arguing that existing federal laws already address the conduct targeted by Minnesota's statute and warning that "states must be careful not to impose excessive measures that hinder American national and economic security."
What remains uncertain
It is unclear how Judge Frank will rule on the temporary block, how the First Amendment challenge will fare on the merits, and whether the DOJ's statement of interest will translate into further federal action; the judge has indicated he will inform the parties of next steps on Monday.
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