The DOJ’s intervention and its scope
The U.S. Department of Justice filed a statement of interest backing xAI’s challenge to Minnesota’s statute targeting AI “nudification” tools. The filing was signed by Associate Attorney General Stanley Woodward and argues that the Minnesota law reaches further than existing federal restrictions on nonconsensual intimate imagery. The department did not take a position on whether xAI should receive a preliminary injunction, instead warning that a patchwork of state AI rules could hamper industry development. The Justice Department tied its argument to broader federal policy, noting that “as the nation remains in the earliest days of the AI technological revolution and in a race with adversaries for supremacy within it, states must be careful not to impose excessive measures that hinder American national and economic security.”
What Minnesota’s law requires
The Minnesota statute, known as HF 1606, took effect on August 1, 2026. It prohibits the owners or operators of websites, apps, software and other services from allowing users to “nudify” an image or video, and is structured as a strict-liability rule. Civil penalties can reach up to $500,000 per unlawful access, download, or use. State Assistant Attorney General Janine Kimble argued in court that having terms of service banning the conduct is insufficient because enforcement happens only after the fact, and cited research indicating that roughly 95% of deepfake and manipulated images are nonconsensual, sexually explicit depictions of other people.
xAI’s constitutional arguments
xAI, the company behind the Grok chatbot, sued Minnesota Attorney General Keith Ellison in late July, alleging that the statute violates the First Amendment and is unconstitutionally overbroad. At Wednesday’s hearing, xAI attorney Robert Dunn told U.S. District Judge Donovan Frank that the law lacks carve-outs for consent, artistic expression, and parody, arguing that “the state would punish xAI for allowing a user to nudify themselves.” The company has emphasized that its own policies already prohibit generating nude or sexualized images of real people without consent and that it has pursued users who bypass those safeguards.
Federal statutes cited in the filing
The Justice Department pointed to federal statutes it says already address the same harms more narrowly, including the Take It Down Act, which requires platforms to remove reported nonconsensual intimate images, including AI-generated deepfakes, within 48 hours of receiving a valid removal request. The department also referenced the PROTECT Act. By contrast, Minnesota’s statute is not tied to a federal removal-request mechanism and attaches liability to the platform regardless of intent or knowledge.
Procedural posture and what comes next
The case, X.AI LLC v. Keith Ellison, is before Judge Donovan Frank in the District of Minnesota. Frank previously denied xAI’s request for a temporary restraining order, citing the timing of the request, which came only days before the law took effect. After Wednesday’s hearing on the preliminary injunction, Frank took the matter under advisement and said he would issue a ruling as soon as possible.
Background context
xAI’s suit follows reports that Grok was used to generate nonconsensual sexualized images, including depictions of minors, prompting scrutiny of the company’s safeguards. The DOJ’s involvement adds a federal dimension to a fight that could shape how state-level AI regulation is tested against First Amendment claims and existing federal remedies.
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