A federal judge in the United States denied xAI's request to suspend Minnesota's law that prohibits AI-generated false images of nudity. With the court's rejection of the company's appeal, the rule remains in effect.
Elon Musk's company took the case to court arguing that the legislation infringes on freedom of expression. The state defends the measure as necessary to protect individuals whose bodies are exposed without consent.
The legal stalemate between xAI and the state addresses the limits of freedom of expression in the face of AI risks to the public. – Image: Ascannio/Shutterstock
Restriction on programs that digitally remove clothing from photos
Valid since August 1st, Minnesota's law imposes clear limits against digital abuse. The rule prevents website operators, developers, and users from using artificial intelligence to digitally remove clothing from any identifiable person in photos. It is the first legislation in the United States with specific focus on this practice.
The state's objective is to contain the spread of tools aimed at creating explicit assemblies without the victims' consent.
The process points to risks to the public and constitutional debates.
When analyzing the request, Judge Donovan Frank understood that xAI did not prove it would suffer severe harm from maintaining the rule while the main action is pending. For this reason, he denied the request for a temporary suspension.
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- @@"The constitutional issues raised by the parties are complex, especially as they involve new technology and the risks it represents to the public," said Frank. The judge also indicated that these issues will be analyzed in detail during the process.
The dispute began when xAI sued the state alleging a violation of the First Amendment of the American Constitution. In July, the court had already rejected an attempt to block the start of the rule's validity, but accepted to give priority to the case's progress.
What is at stake?
- @@"The law prohibits the use of AI software to remove clothing from people in photos.@@"xAI argues that the prohibition violates the constitutional right to free expression.@@"The state of Minnesota claims the focus is to prevent abuse and unauthorized exposure.@@"
The ban remains in effect while the process continues.
The Minnesota trial serves as a precedent for future regulations on artificial intelligence around the world. Image: JRdes/Shutterstock
History of the Grok chatbot and protective actions
The case gained momentum after criticism of Grok, the xAI chatbot that sparked controversy for generating sexually explicit media. Pressured by regulators for more security measures, xAI itself began prosecuting users who bypass the system's protections to generate unauthorized nudes.
xAI and the Minnesota attorney general's office did not immediately respond to requests for comment. Meanwhile, the law remains in effect and the dispute over its constitutional limits continues in court.
Valdir Antonelli is a journalist specializing in digital marketing and consumer behavior.
Ana Figueiredo is the technology editor at Olhar Digital. She is a Journalism graduate from the Federal University of Uberlândia (UFU).
