Summary
- Minnesota is contesting xAI’s move to block a pioneering law aimed at regulating AI-generated sexual images.
- xAI claims the law infringes on First Amendment rights, while Minnesota maintains that Grok Imagine is a technological tool that does not qualify as protected speech.
- The state has accused xAI of establishing a "marketplace for digital sexual violence" as a federal court prepares to hear the case this Wednesday.
Minnesota is engaged in a legal battle with Elon Musk’s xAI over the company’s attempt to halt the enforcement of HF-1606, a landmark state law aimed at AI technologies that produce realistic sexual images of identifiable individuals.
In a court filing submitted on Friday, Minnesota Attorney General Keith Ellison contended that xAI is unlikely to succeed in its constitutional argument and has not demonstrated that enforcing the law would result in irreparable harm.
Myriad: What will Elon Musk's net worth be by August 31? Click to make your prediction.Ellison stated, "With Grok Imagine, xAI has created an unparalleled marketplace for digital sexual violence that poses virtually no barrier to entry. This marketplace, combined with Grok Imagine's functional capabilities, would undermine Minnesota's efforts from the outset if it could not align its laws with the technology that enables digital sexual victimization in the first place."
The legislation, which was passed in April and took effect on August 1, forbids platforms and software developers from allowing users to create realistic images of intimate body parts that were not present in the original images of identifiable individuals.
Prior to the law's implementation, xAI filed a lawsuit against Ellison in July, arguing that the law violates First Amendment rights and could inadvertently encompass protected images, such as those of shirtless men, swimmers, and political satire. The law stipulates penalties of up to $500,000 per image for violations.
xAI noted in its complaint, "There is no safe harbor for good-faith efforts of the provider of general-purpose AI creative tools to avoid harms. Liability can arise even if the persons depicted consented—or created the image themselves—and even if the image is never shared."
The measure passed with overwhelming support, receiving a vote of 132-1 in the House and 65-0 in the Senate, following reports of an individual who exploited social media photos to create sexual images of over 80 women he knew.
Senator Maye Quade, who championed the legislation, stated at the time, "Today, we led the nation in protecting women, children, and everyone in public life from the harm caused by AI nudification technology. Companies that provide this technology for free online and in app stores will no longer be allowed to empower predators to abuse and victimize adults and children with just a click of a button."
The ongoing case raises questions about whether the law addresses speech or technology.
Grok has also been under scrutiny for generating sexually explicit deepfakes. A watchdog group reported in January that Grok produced over 23,000 sexualized images of children within just 11 days, triggering investigations in multiple countries.
In March, three minors in California joined others in filing a lawsuit against xAI, claiming that Grok was used to transform their photos into AI-generated child sexual abuse material. xAI has reported suspending over 50,000 accounts and filing more than 70,000 reports with the National Center for Missing and Exploited Children in 2026.