Elon Musk and Minnesota are in a legal battle that may clarify First Amendment limits on regulating AI, stemming from deepfake nude images. Last spring, Minnesota’s legislature passed HF 1606, “Prohibition on Nudification Technology,” in a nearly unanimous vote, enabling the state attorney general to seek up to $500,000 in fines from a technology company each time it allows a user to access, download, or use a service to nudify an image or video, or to nudify an image or video on behalf of a user. The law defines “nudify” as altering or generating a video or image to depict an intimate part not depicted in an original unaltered image or video of an identifiable individual, provided the image or video is so realistic that a reasonable person would believe the intimate part belongs to the identifiable individual. Unlike many states’ nonconsensual intimate imagery laws that penalize creators or distributors, Minnesota’s law places legal responsibility on the company whose technology was used, raising novel First Amendment questions, including whether a company that takes steps to prevent AI misuse should be liable and whether it should be liable if the subject of the deepfake created the image. The Minnesota Supreme Court in 2020 upheld the state’s nonconsensual intimate imagery law applying to individual users, partly because it required showing the disseminator “intentionally” distributed the image without the subject’s consent; both elements are absent from the new nudification law, under