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Elon Musk pushes to end Twitter ‘muzzle’ from 2018 SEC settlement

Ministério Das Comunicações, CC BY 2.0 , via Wikimedia Commons

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Tesla CEO Elon Musk once again pushed for a term of his 2018 consent decree with the SEC to be thrown out. The 2018 settlement with the agency, which came after a settlement in relation to the CEO’s “funding secured” Tweet, required a company lawyer to pre-approve Musk’s Twitter communication. The “government-imposed muzzle” should be ended, in Musk’s opinion.

In September 2018, the SEC announced the terms of its settlement with Musk from claims of securities laws violations, after the CEO announced he was considering taking Tesla private at $420 per share. The terms of Musk’s consent decree with the SEC required him to step down as Tesla’s chairman, two new members to be elected to the company’s board, a $20 million penalty from both Musk and Tesla, and a final condition that “will establish a new committee of independent directors and put in place additional controls and procedures to oversee Musk’s communications.”

Musk has consistently pushed back against the latter-most term, in particular. In a 60 Minutes interview in 2019, Musk said that the SEC’s term that someone must oversee his Tweets is a violation of the First Amendment.

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Musk and Tesla attorneys are now pushing for the provision to be thrown out once again. The company filed to have the “government-imposed muzzle” removed from the terms of the settlement, arguing that it is “contrary to the American principles of free speech and open debate,” Reuters said the filing stated.

This is far from the first time Musk and his lawyers have attempted to have the decree thrown out. In April, after requesting the agreement be abolished, U.S. District Judge Lewis Liman refused to throw out the decree because Musk entered the terms of the decree “knowingly and willingly.

However, Musk’s attorneys argue that the SEC’s overwatch of his actions has become more invasive:

“Under the shadow of the consent decree, the SEC has increasingly surveilled, policed, and attempted to curb Mr. Musk’s protected speech that does not touch upon the federal securities laws. Any objective served by the pre-approval provision has been served.”

Musk maintained the Tweet was truthful and that he had funding secured for the deal. U.S. District Judge Edward Chen, who heard arguments in the suit in March, was skeptical. “It seems to me it’s not factually very complicated,” Judge Chen said. In fact, “funding had not been secured,” he added.

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Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla is breaking even its own rules to cap off an intense Q3

Tesla is pulling out all the stops to have a strong Q3 as the EV tax credit will phase out.

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Credit: MarcoRP | X

Tesla is breaking its own rules by advertising on various platforms in an effort to sell as many cars as possible before the end of the $7,500 electric vehicle tax credit.

Tesla has had a very polarizing perspective on advertising. Over the years, it has taken on different attitudes toward spending any money on marketing. It has instead put those dollars into research and development to make its vehicles more advanced.

Back in 2019, Tesla CEO Elon Musk talked about the company advertising its vehicles and energy products:

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In 2021, in response to analyst Gary Black, who has pushed for Tesla to have a PR or marketing department, Musk said:

However, this did not hold as Tesla’s strategy for the long haul. While Musk did resist advertising for a long time, Tesla started placing ads on platforms like X, Google, and YouTube several years back. It’s pretty rare that Tesla pushes these ads, however.

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Tesla launches advertising on X in the U.S., expanding ‘small scale’ strategy outlined by Musk

The company’s stance on setting aside capital for advertising seems to be circumstantial. Right now, it is working to sell as many vehicles as it can before the tax credit comes to a close.

As a result, it is pushing some ads on YouTube:

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It’s a move that makes sense considering the timing. With just six weeks roughly left in the quarter, Tesla is going to work tirelessly to push as many cars into customer hands as possible. It will use every ounce of effort to get its products on people’s screens.

Tesla counters jab at lack of advertising with perfect response

Throw in one of the many incentives it is offering currently, and there will surely be some takers.

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Tesla rival’s CEO makes shock suggestion to customers about Model Y

“The Model Y is a great car, and Tesla also announced a number of promotions yesterday, so you might want to consider it.”

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(Credit: Tesla)

Tesla rival Xiaomi is experiencing demand that is off-the-charts with its new YU7 crossover, which competes with the Model Y. The company’s CEO has stated that demand is truly outpacing what it can build, and that customers in limbo should consider the Model Y because “it’s a great car.”

The Xiaomi YU7 has already gained an incredible number of orders so far. Its launch a few months ago had consumers busting down doors to place an order before others, and demand has been so high that customers will wait, on average, between 56 and 59 weeks for delivery.

Tesla Model Y meets new competition from Xiaomi 

Within 18 hours, Xiaomi received about 240,000 orders, CarScoops reported. Some customers are truly interested in the vehicle, but cannot wait the extended period to take delivery as they might need a car now.

Xiaomi CEO Lei Jun said on social meida that there are other cars out there that would be suitable as a replacement to the YU7:

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“If you need to buy a car quickly, other China-produced new energy vehicles are pretty good.”

He explicitly mentioned the Model Y, Xpeng G7, and Li Auto i8.

Regarding the Model Y, he said:

“The Model Y is a great car, and Tesla also announced a number of promotions yesterday, so you might want to consider it.”

The Model Y has been the best-selling car in the world over the past two years, and it still leads in many markets as the most sought-after EV. However, in China, there are so many formidable competitors that customers are seemingly going for whatever they can get to first.

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Of course, a car is a car, but Tesla has gained a more notable reputation for its industry-leading tech and driver assistance systems, including City Autopilot, which has been used in China for a few months now.

Tesla China owners share first impressions of FSD-style “City Autopilot”

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Tesla offers tasty Supercharging incentive as Q3 push continues

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Credit: Tesla

Tesla is offering a tasty Supercharging incentive on inventory Model 3 units in Canada as it continues to push sales in the third quarter.

In the United States, Tesla is preparing for the end of the $7,500 electric vehicle tax credit. While it is offering a multitude of incentives in the U.S. to help push sales of its vehicles before the credit goes away, it is not saving the deals for Americans exclusively.

Yesterday, the company announced it is now offering Free Supercharging for life on all Model 3 inventory in Canada, a massive incentive for those who would use the vehicle as a daily driver:

The deal would normally only apply to Superchargers located in Canada, meaning if a Canadian drove over the border into the United States and Supercharged, they would have to pay for it.

However, Tesla also confirmed that the charging deal would extend to the U.S. Canadians will be able to drive across the U.S. and Supercharge for free for the life of the vehicle.

Free Supercharging is such a great perk because the money an owner saves on charging factors directly into what they are saving if they were to own a gas car. While Supercharging and home charging are, on average, cheaper than filling up with gas, the savings are not massive.

When Supercharging is free, it can save consumers hundreds of dollars per month, especially if they plan to use the Tesla for their daily commute. Some people could fill their gas cars up two times a week to get to work, spending $80-$100 every five days on gas.

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Tesla has been using incentives like this to push vehicles into customers’ hands. Q3 could be one of the best three-month spans in recent memory with the push it is making.

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