The Liberty Justice Center filed an amicus curiae brief yesterday in the U.S. District Court for the District of Minnesota, asking a federal judge to block the state from enforcing its new artificial intelligence regulation, House File 1606.
The brief supports an ongoing lawsuit brought by xAI LLC, which seeks a preliminary injunction to halt HF 1606 while its constitutionality is evaluated. The law regulates software used to create or modify synthetic images and video.
Under its current provisions, civil liability can attach regardless of whether a user intended to cause harm, knew the image was modified, or intended to share the material publicly. It also applies in situations where the depicted individual gave full consent.
The lawsuit asserts that the law imposes liability on technology platforms for user-generated content, exposing companies to fines reaching $500,000 per violation. According to the Liberty Justice Center’s filing, these penalties create financial pressure on platforms to restrict lawful speech, including political satire, artistic creations, and educational material.
“The First Amendment has protected every major communications revolution in American history, from the printing press to the internet. Artificial intelligence is no exception. The Constitution doesn’t become obsolete every time technology evolves,” said Timothy Snowball, Senior Counsel at the Liberty Justice Center. “Minnesota may have an interest in regulating certain uses of AI. But whatever the government’s objective, the First Amendment does not allow it to prohibit vast amounts of protected speech along the way. The Constitution requires precision when government regulates speech. HF 1606 is anything but precise.”
Snowball added: “Every generation invents a new way to communicate, and every new technology tests old efforts to censor speech. AI is this generation’s test. The technology may change. The First Amendment does not.”
The federal court has not yet set a deadline for its ruling on xAI’s motion for a preliminary injunction.
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