A Minnesota law that is poorly written and raises constitutional questions is being challenged in federal court.
The law is meant to stop the dissemination of non-consensual sexual imagery, but its wording is so broad that it could capture ordinary images of people in swimwear, while also prohibiting a wide range of constitutionally protected expression, such as art and satirical parodies.
At a hearing on Wednesday, lawyers for xAI, Elon Musk's artificial intelligence company, asked US District Judge Donovan Frank to grant a preliminary injunction blocking the law, known as Minnesota Statutes section 325E.91.
The law took effect on August 2, and xAI's request for an emergency restraining order was denied by Judge Frank on timing grounds, but he folded that request into Wednesday's motion.
The federal government has now backed xAI, telling the court in a filing on Tuesday that the Minnesota law sweeps up constitutional conduct that federal law does not prohibit.
Meanwhile, the state's attorney general, Keith Ellison, defends the legislation as a tool to stop the spread of AI-generated sexual images and videos, including those that show children.
But xAI argues that the law is an overreach that violates the First Amendment by restricting speech in a content-based manner, imposing severe penalties for what is constitutionally protected expression.
The law bars owners of websites, apps, and software from allowing users to access tools to "nudify" an image or video, as well as from using such tools on someone's behalf, even if they have consented. Advertising these services is also prohibited.
The only exception is if using these tools requires the "technical skill of a user" – which is why software like Photoshop is not covered by the law.
But xAI and other critics say the definition of what the law targets is overly broad, and would cover not only harmful, but also lawful expression.
The law provides for the state attorney general to seek civil fines of up to $500,000 per violation, while those depicted in the images can sue separately for triple damages, punitive damages, and attorney fees.
