A federal appeals court this week sided with Elon Musk, ruling that the National Labor Relations Board (NLRB) overstepped its authority when requiring the Tesla CEO to delete a 2018 tweet regarding unionization and the potential for workers to lose their stock options.
On Friday, the fifth U.S. Circuit Court of Appeals in New Orleans ruled that Musk’s 2018 tweet is constitutionally protected speech, noting that the CEO will not be required to be deleted, as detailed in a report from Bloomberg. The appeals court ruling follows an order from a three-judge panel in the circuit court last year, originally ruling that Musk has to delete the tweet.
“We hold that Musk’s tweets are constitutionally protected speech and do not fall into the categories of unprotected communication like obscenity and perjury,” the court ruled.
“Deleting the speech of private citizens on topics of public concern is not a remedy traditionally countenanced by American law,” the court added.
In the original tweet, Musk writes that there is “nothing stopping Tesla team at our car plant from voting union,” noting that they could as soon as the following day if they wanted to. “But why pay union dues and give up stock options for nothing,” the CEO adds in the tweet.
You can see the full tweet in question below.
Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues & give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare.
— Elon Musk (@elonmusk) May 21, 2018
Although the court did rule that the tweet does not have to be deleted, the court did not respond as to whether Musk illegally threatened Tesla workers in the tweet, as was initially claimed by the NLRB.
Many of the judges on the board dissented the ruling, claiming that it “says zip about whether the NLRB is entitled to enforcement of seven uncontested Tesla labor violations,” and ignoring “whether Musk’s tweet was an unfair labor practice.”
The decision also calls into question the extent to which the NLRB and other federal agencies can challenge employer speech.
Musk has expressed multiple similar sentiments in the past, especially highlighting the multiple corruption scandals faced by the United Automotive Workers (UAW) in the past several years. In a follow-up to the original tweet, Musk also notes that the “UAW did nada for job security in last recession,” adding that the union “dropped Fremont like a hot potato to protect their core base in Detroit.”
In 2022, Musk encouraged the UAW to hold a unionization vote at its Fremont factory, though the union hasn’t yet held a vote at the companies’ factories.
“I’d like hereby to invite UAW to hold a union vote at their convenience,” Musk wrote. “Tesla will do nothing to stop them.”
Last November, the UAW officially launched a union drive at Tesla and 12 other automakers, following a historic, six-week strike against the Big Three, Ford, General Motors (GM), and Dodge-Chrysler parent company Stellantis that garnered record pay increases. During the same month, the same appeals court also ruled that Tesla could legally ban union shirts on the production line.
Musk responds to UAW labor charges following call with Trump
What are your thoughts? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send us tips at tips@teslarati.com.
News
Tesla FSD (Supervised) fleet passes 8.4 billion cumulative miles
Tesla’s Full Self-Driving (Supervised) system has now surpassed 8.4 billion cumulative miles.
The figure appears on Tesla’s official safety page, which tracks performance data for FSD (Supervised) and other safety technologies.
Tesla has long emphasized that large-scale real-world data is central to improving its neural network-based approach to autonomy. Each mile driven with FSD (Supervised) engaged contributes additional edge cases and scenario training for the system.
The milestone also brings Tesla closer to a benchmark previously outlined by CEO Elon Musk. Musk has stated that roughly 10 billion miles of training data may be needed to achieve safe unsupervised self-driving at scale, citing the “long tail” of rare but complex driving situations that must be learned through experience.
The growth curve of FSD Supervised’s cumulative miles over the past five years has been notable.
As noted in data shared by Tesla watcher Sawyer Merritt, annual FSD (Supervised) miles have increased from roughly 6 million in 2021 to 80 million in 2022, 670 million in 2023, 2.25 billion in 2024, and 4.25 billion in 2025. In just the first 50 days of 2026, Tesla owners logged another 1 billion miles.
At the current pace, the fleet is trending towards hitting about 10 billion FSD Supervised miles this year. The increase has been driven by Tesla’s growing vehicle fleet, periodic free trials, and expanding Robotaxi operations, among others.
With the fleet now past 8.4 billion cumulative miles, Tesla’s supervised system is approaching that threshold, even as regulatory approval for fully unsupervised deployment remains subject to further validation and oversight.
Tesla’s Full Self-Driving (Supervised) system has now surpassed 8.4 billion cumulative miles.
The figure appears on Tesla’s official safety page, which tracks performance data for FSD (Supervised) and other safety technologies.
Tesla has long emphasized that large-scale real-world data is central to improving its neural network-based approach to autonomy. Each mile driven with FSD (Supervised) engaged contributes additional edge cases and scenario training for the system.

The milestone also brings Tesla closer to a benchmark previously outlined by CEO Elon Musk. Musk has stated that roughly 10 billion miles of training data may be needed to achieve safe unsupervised self-driving at scale, citing the “long tail” of rare but complex driving situations that must be learned through experience.
The growth curve of FSD Supervised’s cumulative miles over the past five years has been notable.
As noted in data shared by Tesla watcher Sawyer Merritt, annual FSD (Supervised) miles have increased from roughly 6 million in 2021 to 80 million in 2022, 670 million in 2023, 2.25 billion in 2024, and 4.25 billion in 2025. In just the first 50 days of 2026, Tesla owners logged another 1 billion miles.
At the current pace, the fleet is trending towards hitting about 10 billion FSD Supervised miles this year. The increase has been driven by Tesla’s growing vehicle fleet, periodic free trials, and expanding Robotaxi operations, among others.
With the fleet now past 8.4 billion cumulative miles, Tesla’s supervised system is approaching that threshold, even as regulatory approval for fully unsupervised deployment remains subject to further validation and oversight.
Elon Musk
Elon Musk fires back after Wikipedia co-founder claims neutrality and dubs Grokipedia “ridiculous”
Musk’s response to Wales’ comments, which were posted on social media platform X, was short and direct: “Famous last words.”
Elon Musk fired back at Wikipedia co-founder Jimmy Wales after the longtime online encyclopedia leader dismissed xAI’s new AI-powered alternative, Grokipedia, as a “ridiculous” idea that is bound to fail.
Musk’s response to Wales’ comments, which were posted on social media platform X, was short and direct: “Famous last words.”
Wales made the comments while answering questions about Wikipedia’s neutrality. According to Wales, Wikipedia prides itself on neutrality.
“One of our core values at Wikipedia is neutrality. A neutral point of view is non-negotiable. It’s in the community, unquestioned… The idea that we’ve become somehow ‘Wokepidea’ is just not true,” Wales said.
When asked about potential competition from Grokipedia, Wales downplayed the situation. “There is no competition. I don’t know if anyone uses Grokipedia. I think it is a ridiculous idea that will never work,” Wales wrote.
After Grokipedia went live, Larry Sanger, also a co-founder of Wikipedia, wrote on X that his initial impression of the AI-powered Wikipedia alternative was “very OK.”
“My initial impression, looking at my own article and poking around here and there, is that Grokipedia is very OK. The jury’s still out as to whether it’s actually better than Wikipedia. But at this point I would have to say ‘maybe!’” Sanger stated.
Musk responded to Sanger’s assessment by saying it was “accurate.” In a separate post, he added that even in its V0.1 form, Grokipedia was already better than Wikipedia.
During a past appearance on the Tucker Carlson Show, Sanger argued that Wikipedia has drifted from its original vision, citing concerns about how its “Reliable sources/Perennial sources” framework categorizes publications by perceived credibility. As per Sanger, Wikipedia’s “Reliable sources/Perennial sources” list leans heavily left, with conservative publications getting effectively blacklisted in favor of their more liberal counterparts.
As of writing, Grokipedia has reportedly surpassed 80% of English Wikipedia’s article count.
News
Tesla Sweden appeals after grid company refuses to restore existing Supercharger due to union strike
The charging site was previously functioning before it was temporarily disconnected in April last year for electrical safety reasons.
Tesla Sweden is seeking regulatory intervention after a Swedish power grid company refused to reconnect an already operational Supercharger station in Åre due to ongoing union sympathy actions.
The charging site was previously functioning before it was temporarily disconnected in April last year for electrical safety reasons. A temporary construction power cabinet supplying the station had fallen over, described by Tesla as occurring “under unclear circumstances.” The power was then cut at the request of Tesla’s installation contractor to allow safe repair work.
While the safety issue was resolved, the station has not been brought back online. Stefan Sedin, CEO of Jämtkraft elnät, told Dagens Arbete (DA) that power will not be restored to the existing Supercharger station as long as the electric vehicle maker’s union issues are ongoing.
“One of our installers noticed that the construction power had been backed up and was on the ground. We asked Tesla to fix the system, and their installation company in turn asked us to cut the power so that they could do the work safely.
“When everything was restored, the question arose: ‘Wait a minute, can we reconnect the station to the electricity grid? Or what does the notice actually say?’ We consulted with our employer organization, who were clear that as long as sympathy measures are in place, we cannot reconnect this facility,” Sedin said.
The union’s sympathy actions, which began in March 2024, apply to work involving “planning, preparation, new connections, grid expansion, service, maintenance and repairs” of Tesla’s charging infrastructure in Sweden.
Tesla Sweden has argued that reconnecting an existing facility is not equivalent to establishing a new grid connection. In a filing to the Swedish Energy Market Inspectorate, the company stated that reconnecting the installation “is therefore not covered by the sympathy measures and cannot therefore constitute a reason for not reconnecting the facility to the electricity grid.”
Sedin, for his part, noted that Tesla’s issue with the Supercharger is quite unique. And while Jämtkraft elnät itself has no issue with Tesla, its actions are based on the unions’ sympathy measures against the electric vehicle maker.
“This is absolutely the first time that I have been involved in matters relating to union conflicts or sympathy measures. That is why we have relied entirely on the assessment of our employer organization. This is not something that we have made any decisions about ourselves at all.
“It is not that Jämtkraft elnät has a conflict with Tesla, but our actions are based on these sympathy measures. Should it turn out that we have made an incorrect assessment, we will correct ourselves. It is no more difficult than that for us,” the executive said.