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The 8th Circuit Court of Appeals, based in St. Louis, Missouri, granted xAI’s request to temporarily halt enforcement of a Minnesota law targeting AI-generated fake nude images. The court issued its decision on Friday, October 2, and the order will remain in effect while the company’s lawsuit proceeds.
What does the court’s decision mean?
The appeals court acted after a lower court had rejected an earlier request to suspend enforcement of the law. The ruling does not resolve xAI’s central claim that the law is unconstitutional; it only prevents enforcement while the dispute continues.
The Minnesota law, which took effect on August 1, prohibits website operators, software developers and others from enabling users to create realistic images depicting intimate body parts not visible in the original photographs of identifiable people.
xAI and the state’s positions
xAI says the law violates the free-speech protections of the US Constitution. In its appeal, the company also challenged the lower court’s finding that its request for emergency relief had been filed too late.
The company says its Grok Imagine tool has safeguards to prevent the creation of sexualized or “undressed” images of real people.
Minnesota has asked the court to leave the law in force, saying the restrictions are intended to address non-consensual sexual images and other harmful material generated by artificial intelligence. The state has also cited concerns that AI products such as Grok Imagine could generate child sexual abuse material.
xAI has separately sued users who, according to the company, bypass Grok’s safeguards to create sexualized images of people without their consent.
