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Musk’s xAI company argues the measure restricts free speech protected by the U.S. Constitution [File]
| Photo Credit: REUTERS
Minnesota’s first-in-the-nation ban on AI-generated fake nude images will remain in effect as a constitutional challenge by Elon Musk’s xAI proceeds, after a federal judge on Friday declined to block the law at an early stage of the case.
Musk’s xAI company argues the measure restricts free speech protected by the U.S. Constitution, while Minnesota says the law is narrowly tailored to curb the spread of nonconsensual sexual imagery created with artificial intelligence.
U.S. District Judge Donovan Frank rejected xAI’s request for a preliminary injunction against the law, which took effect on August 1 and prohibits website operators, software developers and others from allowing users to “nudify” images of identifiable people using AI technology.
Frank’s order said xAI failed to show it would suffer harm while it pursues a lawsuit alleging the new law violates the Constitution’s First Amendment by restricting protected expressive activity.


