Eighth Circuit reportedly pauses Minnesota HF 1606 enforcement

The U.S. Court of Appeals for the Eighth Circuit reportedly paused enforcement of Minnesota HF 1606 on or about October 2, 2026, while xAI’s First Amendment challenge proceeds. The reported action gives xAI interim procedural relief; the case’s constitutional question remains unresolved.

What Minnesota’s HF 1606 regulates

HF 1606 defines “nudify” as altering or generating an image or video to depict an intimate part absent from the original image or video of an identifiable person, in a way realistic enough that a reasonable person would believe the intimate part belongs to that person.

The law bars a person who owns or controls a website, application, software, program, or other service from enabling users to access, download, or use it to create such images or videos, or from doing so for a user. It also prohibits advertising or promoting a service for that purpose. The restrictions do not apply when the user needs technical skill to perform the alteration or generation.

HF 1606 took effect on August 1, 2026, for causes of action accruing on or after that date. Its civil penalty can reach $500,000 for each unlawful access, download, or use under subdivision 2. A person depicted may also bring a civil action and seek compensatory damages of up to three times actual damages, punitive damages, injunctive relief, attorney fees and costs, and other equitable relief.

How the case reached the appeals court

X.AI LLC filed its federal lawsuit against Minnesota Attorney General Keith Ellison on July 27, 2026. The district court denied xAI’s request for a temporary restraining order on July 31. On September 4, the court denied xAI’s preliminary-injunction motion, and xAI filed its notice of appeal that day.

The First Amendment dispute continues

xAI argues that HF 1606 violates the First Amendment. The reported appellate pause is interim relief while that challenge proceeds, not a resolution of the law’s constitutionality.