xAI wins temporary halt to Minnesota's ban on AI-generated fake nude images

xAI, a company founded by Elon Musk, has obtained a temporary injunction from the U.S. Court of Appeals for the Eighth Circuit, halting the enforcement of a Minnesota law that bans the creation of AI-generated fake nude images. The tech company is challenging the state law, arguing it is unconstitutional.

The law, which took effect on August 1, prohibits website operators, software developers, and others from allowing users to generate realistic images that depict recognizable individuals' private body parts not present in the original photograph. xAI contends that the statute infringes upon free speech protected by the U.S. Constitution.

Minnesota's Attorney General's office expressed disappointment with the appellate court's decision but stated the state would continue to defend the law. A spokesperson for the Attorney General indicated the ban aims to prevent the severe harm and harassment caused by such images, particularly those generated by AI tools.

Previously, a federal judge had rejected xAI's request for an emergency injunction, citing insufficient evidence of irreparable harm and the company's delayed timing in seeking the order. xAI has countered these points, asserting its Grok Imagine tool includes safeguards against creating explicit images of real individuals.