Judge mulling arguments in xAI's request to temporarily block Minnesota's AI "nudification" ban

There was no decision Wednesday on xAI's request for a judge to temporarily block Minnesota's ban on AI "nudification."

At a morning hearing for Elon Musk's company and the state of Minnesota, the judge said he would expedite his review and will likely inform the parties of next steps on Monday. Wednesday's hearing was about whether the judge should temporarily stop Minnesota from enforcing the law while the larger legal challenge moves through court. 

AI nudification is when AI-powered apps create fake, sexualized images of real people, including images made without that person's consent.  

xAI's lawsuit over the ban is turning into a fight over how far Minnesota can go to regulate AI-generated images, and whether it crosses the line into protected speech. Musk's company argues the law is too broad and violates the First Amendment. The company also says the law could cover images that are consensual or have artistic, scientific, educational and other protected purposes.

On his side, Musk has the Department of Justice, which filed a statement of interest ahead of Wednesday's hearing.

The DOJ said there are already federal laws that address the same issues as Minnesota law, adding "states must be careful not to impose excessive measures that hinder American national and economic security."

In Wednesday's hearing, the company says they've filed 70,000 reports to the National Center for Missing and Exploited Children so far this year, which led to 244 arrests.

DFL state Sen. Erin Maye Quade, the bill's lead author, says that's evidence the law is needed.  

"It is astounding to us that xAI would say, 'We too are against CSAM, we too are against image based sexual violence,'" Maye Quade said. "They like to pretend that they're just as upset, they're just as shocked, they're just as horrified about this content — yet they're the ones giving people tools to do it."

xAI first asked a judge to block the law before it took effect Aug. 1, but the judge denied that request, saying the company waited too long to bring the case.

According to the civil complaint, xAI "does not contest Minnesota's interest in prohibiting the dissemination of artificially generated nude images of real people without their consent," but the law "extends far beyond that goal."  

Maye Quade said she will attend the hearing and planned to answer any questions afterward.