Elon Musk’s X Sues Minnesota Over Controversial Law Banning AI ‘Deepfakes’ in Political Campaigns
X Corp., the social media platform owned by President Donald Trump’s ally, Elon Musk, is suing the state of Minnesota over a controversial law that bans the use of AI-generated “deepfakes” in political campaigns.
The company argues the law is an unconstitutional attack on free speech protected by the First Amendment.
In the federal lawsuit filed this week, X contends that Minnesota’s 2023 law violates both federal protections for online platforms and the rights of users.
The company warns the law could criminalize political commentary, satire, and humor — even if it’s obviously fake, per the Associated Press.
“While the law’s reference to banning ‘deep fakes’ might sound benign,” X said in a statement, “in reality it would criminalize innocuous, election-related speech, including humor, and make social-media platforms criminally liable for censoring such speech.”
Under the law, individuals could face criminal penalties, including jail, for posting or sharing AI-generated content within 90 days of a party convention or election — if it’s meant to harm a candidate or sway voters and looks convincingly real.
The statute defines deepfakes as content so realistic that an average viewer would think it’s real, even though it’s artificially generated.
If it influences elections or targets candidates, it can be prosecuted.
This kind of government overreach is concerning to many conservatives who see it as a tool for Democrats to silence dissenting voices under the guise of “protecting democracy.”
Musk’s company sees the law as an assault on open discourse.
The law’s sponsor, state Sen. Erin Maye Quade (D), predictably lashed out.
“Of course [Musk] is upset that Minnesota law prevents him from spreading deepfakes that meant to harm candidates and influence elections,” she said.
She called the lawsuit “petty, misguided and a waste.”
Minnesota Attorney General Keith Ellison, a partisan Democrat with a long track record of progressive activism, said his office is reviewing the case and will “respond in the appropriate time and manner.”
Notably, this isn’t the only legal challenge to the law.
State Rep. Mary Franson (R) and conservative content creator Christopher Kohls previously filed suit, arguing that the law infringes on their right to use satire and parody in their political content.
That case is currently tied up in appeals.
Ellison’s office argues that deepfakes are dangerous and that the law has narrow limits that preserve things like parody — a claim many conservatives doubt, given the political motivations behind its creation.
X Corp. emphasized that it’s standing alone in fighting this law, while other platforms have remained silent.
The company has also challenged a similar law in California, which was already blocked by a federal judge.
X points to its own tools — like “Community Notes” and its “Grok AI” content check system — as proof it takes authenticity seriously.
It also notes that other platforms like Facebook and YouTube are adopting similar features voluntarily.
Law professor Alan Rozenshtein, while skeptical of Musk, admitted the law likely won’t hold up in court.
“I’m almost positive this will be struck down,” he said, noting that even false political speech is still protected under the First Amendment.
Rozenshtein warned the law’s criminal penalties might force platforms to delete vast amounts of content just to stay safe.
“You’re going to censor a massive amount,” he said.
While he admits deepfakes are troubling, he believes a ban won’t solve the root issue. “People want to be fooled,” he said. “That’s the real problem.”