Minnesota 'nudification' ban paused by federal appeals court as challenge proceeds

Sarah Nelson, Star Tribune on Oct 6, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

A Minnesota law banning nudification technology has been paused by a federal appeals court that sided with tech billionaire Elon Musk’s artificial intelligence company in its request to temporarily block the statute.

The Eighth Circuit Court of Appeals on Friday granted a temporary ban on the law as requested by the company, xAI, in a decision that puts the law on hold while the tech company’s lawsuit proceeds. The one-page ruling provided no explanation for the court’s reasoning.

A spokesperson for Attorney General Keith Ellison said in a statement that the office respectfully, but strongly disagrees with the court’s decision.

“Minnesota’s nudification ban outlaws AI technology products from generating sexual images that harm and harass people in the vilest way possible,” the statement said. “We will continue to vigorously defend the law as the appeal proceeds and we are proud to do so.”

Minnesota passed the first-of-its-kind law this year prohibiting nudification technology, which allows users to manipulate photographs of fully clothed people using artificial intelligence to make them appear nude or create deepfake pornographic videos or images. Minnesota’s law carries a $500,000 fine per violation for tech companies and allows victims to sue the owners for damages.

Days before the law took effect, lawyers for xAI filed a federal suit to halt it, calling it an overly broad ban that violates protected free speech. The company asked a lower court to temporarily stop the legislation from being enforced while court proceedings continued. In early September, a judge denied xAI’s request and allowed the law to remain in effect.

Minnesota’s law passed nearly unanimously in the state Legislature amid concerns over AI-manipulated sexualized images continuing to flood the internet. While many states have laws surrounding deepfakes, Minnesota’s law is unique for its stiff financial penalty and liability for tech companies.

xAI’s lawyers have argued that the company already has guardrails in place to prevent people from using its technology to create sexualized images of people without their consent, and Minnesota’s law offers no leeway for businesses if someone finds a way around the rules, “regardless of how many mitigations the provider has in place.” xAI’s lawyers have emphasized that they do not dispute the intent behind Minnesota’s law but characterized it as an infringement on free speech.

Minnesota DFL Sen. Erin Maye Quade, chief author of the law, sharply criticized the court’s decision in a statement.

“This ruling is another devastating reminder of how little the safety of women and children mean to men with money and power,” she said. “Minnesota is the only state that has cut off predators’ access to technology to commit AI-image sexual abuse — and the Eighth Circuit Court of Appeals just gave child predators their favorite tool back.”

_____