xAI in its lawsuit requesting the judge to enjoin the law from being enforced argues that it is too broad as written and infringes on free speech rights guaranteed under the First Amendment.
What a piece of shit company.
Any way, this isn’t what’s protected by the First Amendment:
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial speech such as advertising. As a general rule, lies are protected, with limited exceptions such as defamation, fraud, false advertising, perjury, and lying under oath during an official government proceeding.
In bold are what I consider relevant to this topic.
Creating and distributing AI nudes of people was already illegal in Minnesota. This is a separate law that makes hosting or providing any service or “software” that has the ability to do that illegal. It is broadly worded and makes more than the intended target illegal, which was already illegal to begin with.
