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Elon Musk’s X Files Lawsuit Against Minnesota AG, Claiming State’s “Deepfake” Law Breaches Free Speech Rights

X Corp. Files Lawsuit Against Minnesota AG Over Deepfake Law

X Corp., the owner of the platform formerly known as Twitter, has filed a lawsuit against Minnesota Attorney General Keith Ellison regarding the state’s recent law regulating "deepfakes" intended to influence elections. The lawsuit, lodged on Wednesday, claims that the law infringes on X’s First Amendment rights and could lead to excessive censorship of political speech.

The 2023 statute criminalizes the dissemination of deepfakes within a 90-day window surrounding political conventions or after early voting begins. X argues that the law’s vague language could expose social media platforms to criminal liability simply for hosting potentially contentious content. The company warns that this could result in over-censorship as platforms avoid legal risks stemming from ambiguous guidelines.

Senator Erin Maye Quade, one of the law’s authors, contended that the provisions are narrowly tailored to withstand judicial scrutiny. She clarified that the law does not prohibit all deepfakes but aims to prevent those that are deceptively realistic and intended to harm candidates’ electoral prospects. Quade provided an example of a permissible deepfake that clearly appears fictional, contrasting it with a more insidious version designed to mislead voters.

X’s filing also suggests that Ellison’s actions may be politically motivated, indicating a specific animus towards the platform and its owner, Elon Musk. In a statement regarding the lawsuit, Ellison’s office noted that it is currently reviewing the matter.

The law is part of a broader legislative effort that includes protections for election workers from "doxxing" and disqualifying those convicted of deepfake violations from holding office. This lawsuit arises amidst several legal challenges Ellison has initiated against various aspects of the Trump administration, highlighting ongoing tensions in Minnesota’s political landscape.

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