Judge denies xAI's second injunction motion
U.S. District Judge Donovan Frank on Friday denied xAI's second motion for a preliminary injunction against Minnesota's law banning AI-generated nudification apps, ruling that the Elon Musk-owned artificial intelligence company had not shown it would suffer irreparable harm while its lawsuit proceeds. In his written order, Frank stated that "because xAI has not demonstrated irreparable harm and the balance of harms tips steeply in favor of the State, xAI's motion for a preliminary injunction is denied."
Minnesota law targets nudification service providers
Minnesota's statute, which took effect August 1, bars apps and websites that allow users to generate non-consensual sexualized imagery and can impose fines of up to $500,000 per unlawful access or download of altered images. The law defines the prohibited content more broadly than broadcast television standards, covering the "primary genital area, groin, inner thigh, buttocks, or breast of a human being," and penalties could theoretically run into the hundreds of millions or billions of dollars for a single viral item. Minnesota is described as the first U.S. state to enact such a measure.
xAI argues the statute violates the First Amendment
In its July suit, xAI characterized the law as "an overbroad, content-based ban on free speech and the tools of visual expression" and warned that a business whose users generated 100,000 offending images would face $50 billion in liability. The company contends the broad definition of nudity could sweep in shirtless men, people in swimwear, and satirical images, and cited a Grok-generated picture of Illinois Governor J.B. Pritzker and former New Jersey Governor Chris Christie depicted as sumo wrestlers as a possible violation. Frank had already turned down an earlier xAI motion at the end of July that sought to halt enforcement before the law's August 1 effective date.
Background on Grok deepfake concerns
xAI's challenge follows a wave of publicity earlier this year over Grok, its chatbot, which critics said was producing thousands of "undressing" deepfakes per hour, including images of minors. xAI maintains it prohibits users from generating nude or sexualized images without consent and says it has "suspended 52,222 accounts and made 73,604 reports to the National Center for Missing & Exploited Children (NCMEC) in 2026, resulting in (at least) 244 arrests." In July, the company separately sued an alleged user in South Carolina, describing the case as evidence that xAI itself was a victim of those who weaponize its tools.
Next steps in the litigation
Frank's order signaled that the broader constitutional fight will continue, noting that "the constitutional issues raised by the parties are complex" and that a state motion to dismiss now places those claims "front and center." The court said it could later consider whether xAI is entitled to permanent injunctive relief on the merits, leaving the dispute unresolved while the underlying case moves forward.
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