Minnesota's AI nudification ban can go into effect during Musk lawsuit, federal judge rules

By September 4, 2026 / 2:47 PM CDT / CBS Minnesota: Minnesota's new anti-nudification law can proceed while a lawsuit by billionaire Elon Musk's AI company, xAI, plays out. A federal judge ruled Friday that the law, which bans AI from creating non-consensual sexualized images, can go into effect. The bill passed unanimously in the state Senate earlier this year and was supported by all but one lawmaker in the House.

Governor Tim Walz signed it into law in May. Musk's company, xAI, filed a lawsuit three days before the law was set to take effect on August 1, claiming it violates the First Amendment. The company argued the statute imposes an overbroad, content-based ban on free speech. xAI asked for a preliminary injunction to block the law, but the judge rejected it, citing the state's strong public interest and bipartisan support.

The judge found xAI lacked diligence in filing the lawsuit late and did not prove irreparable harm. The court's decision favored the state's public interest. Attorney General Keith Ellison stated he is proud of the law, which protects the dignity of Minnesotans.

Under the law, companies creating non-consensual sexualized images via AI could face a civil penalty of up to $500,000, and victims can seek damages. The ruling allows the law to remain in effect while the lawsuit continues.

Source: CBS News