X Corp. v. Ellison

ACTIVE - Private challenge

Case Details

Court:
U.S. District Court, District of Minnesota
Docket:
0:25-cv-01649-LMP-DLM
Filed:
April 23, 2025
Status:
Partial dismissal; First Amendment claims remain
Plaintiff:
X Corp.
Defendant:
Keith Ellison (Minnesota Attorney General)
Law Challenged:
Minnesota Statute ยง 609.771 (Political Deepfakes Prohibition)
Legal Theories:
  • First Amendment (content-based restriction, editorial discretion)
  • Fourteenth Amendment (vagueness)
  • Section 230 preemption

Summary

X Corp. challenged Minnesota’s law criminalizing the dissemination of AI-generated political deepfakes within 90 days of a nominating convention or during the voting period. The statute prohibits knowingly distributing deepfakes with intent to injure a candidate or influence an election, with penalties up to 5 years imprisonment.

On December 2, 2025, the court dismissed X’s Section 230 preemption claim for lack of standing, finding X failed to show it disseminates deepfakes with the required intent. First Amendment and vagueness claims remain pending.

Documents

Timeline

Apr 23, 2025

Complaint Filed

X Corp. filed lawsuit challenging constitutionality of Minnesota's deepfake law (Minn. Stat. ยง 609.771, enacted in 2023).

Jul 3, 2025

Partial Stay Granted

Court stayed proceedings on First Amendment and vagueness claims pending resolution of related Kohls v. Ellison case, but allowed Section 230 claim to proceed.

Aug 4, 2025

Motion on the Pleadings

X Corp. files a motion for judgment on the pleadings for its Section 230 preemption claim.

Dec 2, 2025

Section 230 Claim Dismissed

Court dismissed without prejudice Section 230 claim for lack of Article III standing, finding X failed to plausibly demonstrate it disseminates deepfakes with intent to injure candidates.