xAI v. Ellison (MN nudification ban challenge)

xAI Corp. v. Ellison — First Amendment Challenge to Minnesota AI Nudification Ban (D. Minn. 2026)
Minnesota · xAI Corp. v. Ellison, D. Minn. (2026)

Status
Blocked / in litigation
Took effect
July 27, 2026
Applies to
xAI Corp. (plaintiff seeking to avoid compliance with HF 1606); decision would affect all operators of AI nudification services
Enforced by
Minnesota AG Keith Ellison (defendant/enforcer of HF 1606); Judge Donovan Frank (D. Minn.)

Elon Musk's xAI Corp. filed a federal lawsuit in Minnesota on July 27, 2026 — three months after Gov. Walz signed the state's AI nudification ban — seeking to block the law on First Amendment grounds. U.S. District Judge Donovan Frank denied xAI's first preliminary injunction request on July 31, 2026, just one day before the law took effect on August 1. The judge denied a second injunction bid on September 4, 2026, rejecting xAI's irreparable-harm argument and noting the company's delay in bringing suit. The Minnesota AG's office argued the law protects people from the serious harm of non-consensual deepfake intimate imagery. The underlying lawsuit remains pending on the merits.

Who is protected: Minnesota AI nudification ban enforcement; the litigation outcome will determine whether HF 1606 can serve as a national template for other states

Legal detail

xAI Corp. v. Ellison, D. Minn. (filed July 27, 2026). Defendant: Minnesota AG Keith Ellison. Challenge: First Amendment — xAI argues HF 1606's ban on AI nudification tools is a content-based speech restriction not narrowly tailored to a compelling state interest. Judge: Donovan Frank (U.S. District Court, District of Minnesota). PRELIMINARY INJUNCTION HISTORY: (1) July 31, 2026 — Judge Frank denied first TRO/preliminary injunction; court found xAI's three-month delay after the May 7 signing undermined the claim of irreparable harm ('xAI is a sophisticated and well-resourced litigant with the means to move quickly when its interests are at stake'); (2) September 4, 2026 — court denied second preliminary injunction request; court found xAI failed to prove irreparable harm and that the State had a substantial interest in protecting the public from AI-nudification harm. HF 1606 effective August 1, 2026 throughout. Companion case: Doe v. X.AI Corp. (No. 5:26-cv-00772, N.D. Cal.) involving NCII deepfake class action (indexed separately). Note: xAI Corp. is Elon Musk's AI company, which also faces separate antitrust/preemption challenges over Colorado SB 26-189 (indexed as co-admt-sb26-189-2026).

Key facts

JurisdictionMinnesota
LevelState
EnactedJuly 27, 2026
CitationxAI Corp. v. Ellison, D. Minn. (2026)
Private right of actionNo, agency enforcement only
PenaltiesN/A — this is a challenge to enforcement, not an enforcement action
Topicsdeepfakes · consumer data privacy · consumer protection
Agency pageJudge again denies X.AI's attempt to block Minnesota's AI nudification ban — MN AG Office (Sept. 4, 2026)

More AI rules in Minnesota

Related deepfakes rules elsewhere

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