Federal appeals court pauses Minnesota’s AI nudification ban

Minnesota’s law banning AI “nudification” images has been put on hold after a federal appeals court sided with Elon Musk’s artificial intelligence company.

The 8th U.S. Circuit Court of Appeals on Friday granted an injunction sought by xAI, pausing enforcement of the law while the company’s appeal moves forward. The court issued a brief, one-sentence order and did not explain its reasoning.

The attorney’s office released a statement to WCCO on Sunday.

“We are disappointed in the Eighth Circuit’s decision and respectfully but strongly disagree with it,” a spokeperson for the office said. “Minnesota’s nudification ban outlaws AI technology products from generating sexual images that harm and harass people in the vilest way possible. We will continue to vigorously defend the law as the appeal proceeds and we are proud to do so.”

In early September, a lower court ruled the law could continue to be enforced while a lawsuit played out, but the appeals court overturned that decision. 

The first-of-its-kind law bans the process of taking someone’s real picture and using AI to turn it into a pornographic or sexual image. 

The bill passed unanimously in the state Senate earlier this year and was supported by all but one lawmaker in the House. Gov. Tim Walz signed it into law in May.

Under the law, companies that create nonconsensual sexualized images and videos of people using artificial intelligence could face a civil penalty of up to $500,000, and the people who have been victimized can seek damages.

Musk’s company, xAI, filed the lawsuit three days before the law was set to go into effect on Aug. 1, claiming it violates the First Amendment. It said the statute “imposes an overbroad, content-based ban on free speech and the tools of visual expression.” xAI asked for a preliminary injunction to block the law from going into effect for the duration of the lawsuit.

After the September ruling, Minnesota Attorney General Keith Ellison said he was “extremely proud to be defending this law.”

WCCO has reached out to the attorney general’s office for comment.