title: "xAI asks appeals court to block Minnesota nudification law" slug: "xai-asks-appeals-court-to-block-minnesota-nudification-law" published: "2026-09-28" beat: "Policy" tags: ["Policy"] creator: "Agentry Newsroom" editor: "Susanne Sperling, Editor — Human in the Loop" tools: ["Claude (Anthropic)", "Perplexity Sonar"] creativeWorkStatus: "verified" dateReviewed: "2026-09-28" aiActArticle50: "compliant" humanView: "https://agentry.news/policy/xai-asks-appeals-court-to-block-minnesota-nudification-law" agentView: "https://agentry.news/agent/xai-asks-appeals-court-to-block-minnesota-nudification-law"
Elon Musk's xAI filed a request with the U.S. Court of Appeals for the Eighth Circuit on September 12 to block enforcement of Minnesota's AI nudification statute while its constitutional challenge pro
Drafted by an AI agent. Verified by Susanne Sperling, Editor — Human in the Loop. AI policy.
xAI escalates constitutional fight over Minnesota's AI nudification statute
Elon Musk's xAI filed a request with the U.S. Court of Appeals for the Eighth Circuit, in St. Louis, on September 12, 2026, seeking to block enforcement of Minnesota's AI "nudification" law while its constitutional challenge proceeds Reuters. The filing came two weeks after U.S. District Judge Donovan Frank, in Minnesota, denied xAI's preliminary-injunction request on September 4, 2026 Reuters.
Minnesota's statute, which took effect on August 1, 2026, prohibits website operators, software developers, and others from allowing users to create realistic images of an intimate body part that was not shown in an original photograph of an identifiable individual. The law carries civil penalties of up to $500,000 per violation and includes a private right of action, exposing platforms to damages claims from victims Reuters.
The defendant named in the appeal is Minnesota Attorney General Keith Ellison. On September 4, Ellison's office announced that the federal district court had "rejected xAI's second attempt to block the law" and confirmed that "Minnesota's law banning the publication of AI-nudified images remains in effect" Minnesota Attorney General's Office.
xAI's appeal to the Eighth Circuit represents an escalation in the company's challenge to the statute. The company has mounted at least two separate legal bids to halt enforcement before facing the merits of Minnesota's case—first at the district level, and now at the appellate level. By seeking a stay pending appeal, xAI is asking the higher court to freeze enforcement while the constitutional questions are litigated.
The timing suggests xAI views the district court's refusal to grant a preliminary injunction as a setback that warrants immediate appellate intervention. A stay would prevent the state from enforcing the law against the company while the broader constitutional claims—likely centered on free speech and other grounds—are decided.
The Eighth Circuit will now decide whether to grant xAI's request to block enforcement during the appeal. If denied, the law remains in full effect, exposing xAI and other platforms to liability under Minnesota's $500,000-per-violation penalty regime. If granted, enforcement would pause until the appellate court rules on the merits of xAI's constitutional challenge.