The Eighth Circuit reportedly temporarily blocked enforcement of Minnesota’s Chapter 72 against xAI on October 2, 2026, while the company’s appeal proceeds. The interim action did not decide xAI’s claim that the law violates the First Amendment; that challenge remains part of the case.
What Minnesota’s law covers
Chapter 72, codified as Minnesota Statutes § 325E.91, covers altered or generated images and videos of an identifiable person when they depict an intimate part absent from the original and are realistic enough that a reasonable person would believe it belongs to that person. It is not a general ban on AI-generated videos.
The statute addresses covered services that allow access, downloading, or use to create such images or videos, as well as a person who does the alteration for a user. It also prohibits advertising or promoting a service that performs those actions. The law does not make public posting a stated prerequisite.
A technical-skill exemption applies when a service requires users to use substantial individualized technological or artistic skill and judgment to direct, shape, or control the output. Minnesota’s attorney general may seek a civil penalty of up to $500,000 for each unlawful access, download, or use, in addition to other remedies.
How the case reached the appeal
Minnesota Governor Tim Walz signed Chapter 72 on May 7, 2026, and the law took effect on August 1. xAI’s lawsuit, reported as filed on July 27, argues that the statute violates the First Amendment.
| Date | Event |
| May 7, 2026 | Minnesota Governor Tim Walz signed Chapter 72. |
| July 27, 2026 | xAI filed its constitutional challenge, according to reports of the case. |
| August 1, 2026 | Chapter 72 took effect. |
| September 4, 2026 | The district court denied xAI’s request for a preliminary injunction. |
| October 2, 2026 | The Eighth Circuit reportedly temporarily blocked enforcement of the law against xAI while its appeal proceeds. |
