What the court decided

Judge in traditional attire sits at a courtroom desk with a serious expression.

A federal judge in St. Paul declined xAI’s emergency request to halt enforcement of Minnesota’s law restricting AI tools that can produce nude or sexualized images of identifiable people without consent. U.S. District Judge Donovan Frank denied the company’s request for an immediate temporary restraining order on July 31, allowing the statute to take effect on August 1 without addressing the underlying First Amendment challenge.

Reasoning behind the denial

Frank faulted the timing of xAI’s motion, noting the company filed its emergency request on July 29 — roughly three months after the law was signed and only three days before its effective date. He wrote that the delay undermined xAI’s claim that immediate court intervention was necessary, leaving the broader constitutional arguments for separate consideration.

Scope of Minnesota’s statute

The law regulates digital services that provide access to technology capable of altering or generating images and videos to depict intimate body parts not present in the original image of an identifiable person. It authorizes penalties of up to $500,000 per violation and creates a civil avenue for victims to seek damages from providers of such technology.

Competing arguments on the merits

xAI contends the statute functions as an overly broad, content-based restriction on constitutionally protected expression that could sweep in artistic, educational, medical, political, satirical and scientific uses of image-generation technology. Minnesota Attorney General Keith Ellison argues the law is needed to prevent nonconsensual sexual exploitation and the personal, professional and emotional harm caused by fabricated intimate images. The court has not ruled on either position.

What remains pending

Frank set an expedited schedule for xAI’s motion for a preliminary injunction. Ellison must respond to the company’s motion by August 12, xAI may reply by August 17, and a hearing is scheduled for 9:30 a.m. on August 19 at the federal courthouse in St. Paul. The case is captioned X.AI LLC v. Ellison, Civil No. 26-3425, and the judge’s denial left the underlying lawsuit unresolved.

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