X.AI LLC v. Ellison
Case Details
- Court:
- U.S. District Court, District of Minnesota
- Docket:
- 0:26-cv-03425
- Filed:
- July 27, 2026
- Status:
- Court denies motion for preliminary injunction; xAI files Notice of Appeal
- Plaintiff(s):
- X.AI LLC
- Defendant(s):
- Keith Ellison (Minnesota Attorney General), in his official capacity
- Law Challenged:
- Minnesota House File 1606 (2026) (ban on AI nudification technology)
- Legal Theories:
-
- First Amendment (overbreadth; content-based restriction on speech)
Summary
X.AI LLC sued Minnesota Attorney General Keith Ellison to block enforcement of HF 1606 which bans AI "nudification" technology, which is to generate images with a realistic "intimate part" not in the original image. The law took effect August 1, 2026, and imposes penalties of $500,000 per violation. X.AI sought a temporary restraining order and preliminary injunction. The court denied the TRO because X.AI had waited until three days before the law was to take effect to request the relief. The court also denied a preliminary injunction primarily because of lack of diligence, since X.AI had waited three months after the law was passed before filing the lawsuit, and the absence of irreparable harm. X.AI filed a notice of appeal.Selected Documents
- 📄 CourtListener Docket
- 📄 Complaint (Jul 27, 2026)
- 📄 Memorandum of Law in Support of X.AI LLC's Motion for Temporary Restraining Order and Preliminary Injunction (Jul 29, 2026)
- 📄 Memorandum of Law in Opposition to X.AI's Motion for a Temporary Restraining Order (Jul 31, 2026)
- 📄 Order (denying motion for TRO) (Jul 31, 2026)
- 📄 Memorandum of Law in Support of Defendant's Motion to Dismiss (Aug 19, 2026)
- 📄 Order (stay) (Sep 1, 2026)
- 📄 Memorandum Opinion and Order on Motion for Preliminary Injunction (Sep 4, 2026)
- 📄 Interlocutory Appeal (Sep 4, 2026)
Timeline
Complaint Filed
xAI filed suit against Minnesota Attorney General Keith Ellison challenging HF 1606 as an unconstitutional content-based restriction on speech.
Motion for Temporary Restraining Order and Preliminary Injunction Filed
XAI seeks a preliminary injunction barring enforcement of HF 1606 against XAI before July 31, 2026, or in the alternative a temporary restraining order provided that Minnesota does not disclaim enforcement.
Order
Court denies motion for TRO: "xAI filed the motion on July 29, 2026, nearly three months after the law was signed, and only three days before the law is set to take effect. Such a delay in bringing the action and the motion suggests that harm is not immediate." Hearing on preliminary injunction set for August 19, 2026.
Hearing
Hearing held on Plaintiff's Motion to Dismiss.
Motion to Dismiss
The State of Minnesota files a motion to dismiss on the basis that X.AI lacks standing and that the law is constitutional.
Joint Motion to Stay Hearing on Defendant's Motion to Dismiss
The parties file a joint motion to stay the state's motion to dismiss pending the court's decision on X.AI's motion for a preliminary injunction.
Order Granting Motion to Stay
Court grants motion to stay pending appeal
Memorandum Opinion and Order
The court denies the preliminary injunction primarily because of lack of diligence, since X.AI had waited three months after the law was passed before filing the lawsuit. The court also held there was no irreparable harm and that the balance of harms and public interest tipped "steeply" in favor of the state. The court did not discuss likelihood of success on the merits.
Notice of Appeal
X.AI filed a Notice of Appeal
Case page generated from YAML data.