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.
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Tesla Model Y gets fresh configuration with three highly requested features
Tesla has launched a new Model Y configuration in the “Premium” trim, and it comes with three highly requested features that have launched in markets outside of the U.S. and in other trims.
Tesla announced on Monday night that it has officially launched the Model Y Premium in a seven-seat configuration, which also comes standard with a 16″ touchscreen and black headliner, both of which are featured in the Model Y Performance trim.
The seven-seat configuration is highly requested by consumers and helps fill out the more spacious SUV offering that the lineup has missed outside of the Model X, which prices out many consumers. This new upgrade only costs $2,500 extra for all three features, bringing the cash price to $48,990.
This also comes with the larger 16” touchscreen! pic.twitter.com/aiAxWUTKZa
— TESLARATI (@Teslarati) January 13, 2026
The move to add the seven-seat configuration with the black headliner and additional screen size is a welcome addition, as many Tesla fans have asked the company to come out with an SUV with more seating capacity. Although it is not a full-size SUV, the additional seating will certainly attract some buyers with bigger families.
It appears the third row is slightly more spacious than the past iteration of the seven-seat Model Y, which was available in the previous design pre-Juniper:

Credit: Tesla
However, it definitely still appears to be pretty cramped in terms of legroom. It will definitely be a seating arrangement for smaller passengers, mostly reserved for children.
The other two upgrades are the black headliner, which was launched in other markets and in the Model Y Performance. Many owners have wanted this change, and Tesla listened, but is only offering it with the seven-seat configuration. It also has a larger 16″ touchscreen, also present in the Model Y Performance exclusively:

Credit: Tesla
It is a nice touch to add these highly requested features to the all-electric crossover, which was the best-selling vehicle in the world for the third consecutive year.
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Tesla expands its branded ‘For Business’ Superchargers
Tesla has expanded its branded ‘For Business’ Supercharger program that it launched last year, as yet another company is using the platform to attract EV owners to its business and utilize a unique advertising opportunity.
Francis Energy of Oklahoma is launching four Superchargers in Norman, where the University of Oklahoma is located. The Superchargers, which are fitted with branding for Francis Energy, will officially open tomorrow.
It will not be the final Supercharger location that Francis Energy plans to open, the company confirmed to EVWire.
Back in early September, Tesla launched the new “Supercharger for Business” program in an effort to give businesses the ability to offer EV charging at custom rates. It would give their businesses visibility and would also cater to employees or customers.
“Purchase and install Superchargers at your business,” Tesla wrote on a page on its website for the new program. “Superchargers are compatible with all electric vehicles, bringing EV drivers to your business by offering convenient, reliable charging.”
The first site opened in Land O’ Lakes, Florida, which is Northeast of Tampa, as a company called Suncoast launched the Superchargers for local EV owners.
Tesla launches its new branded Supercharger for Business with first active station
The program also does a great job at expanding infrastructure for EV owners, which is something that needs to be done to encourage more people to purchase Teslas and other electric cars.
Francis Energy operates at least 14 EV charging locations in Oklahoma, spanning from Durant to Oklahoma City and nearly everywhere in between. Filings from the company, listed by Supercharge.info, show the company’s plans to convert some of them to Tesla Superchargers, potentially utilizing the new Supercharger for Business program to advertise.
Moving forward, more companies will likely utilize Tesla’s Supercharger for Business program as it presents major advantages in a variety of ways, especially with advertising and creating a place for EV drivers to gain range in their cars.
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Tesla Cybercab ‘breakdown’ image likely is not what it seems
Tesla Cybercab is perhaps the most highly-anticipated project that the company plans to roll out this year, and as it is undergoing its testing phase in pre-production currently, there are some things to work through with it.
Over the weekend, an image of the Cybercab being loaded onto a tow truck started circulating on the internet, and people began to speculate as to what the issue could be.
Hmmmmmm… https://t.co/L5hWcOXQkb pic.twitter.com/OJBDyHNTMj
— TESLARATI (@Teslarati) January 11, 2026
The Cybercab can clearly be seen with a Police Officer and perhaps the tow truck driver by its side, being loaded onto, or even potentially unloaded from, the truck.
However, it seems unlikely it was being offloaded, as its operation would get it to this point for testing to begin with.
It appears, at first glance, that it needs assistance getting back to wherever it came from; likely Gigafactory Texas or potentially a Bay Area facility.
The Cybercab was also spotted in Buffalo, New York, last week, potentially undergoing cold-weather testing, but it doesn’t appear that’s where this incident took place.
It is important to remember that the Cybercab is currently undergoing some rigorous testing scenarios, which include range tests and routine public road operation. These things help Tesla assess any potential issue the vehicle could run into after it starts routine production and heads to customers, or for the Robotaxi platform operation.
This is not a one-off issue, either. Tesla had some instances with the Semi where it was seen broken down on the side of a highway three years ago. The all-electric Semi has gone on to be successful in its early pilot program, as companies like Frito-Lay and PepsiCo. have had very positive remarks.
The Cybercab’s future is bright, and it is important to note that no vehicle model has ever gone its full life without a breakdown. It happens, it’s a car.
Nevertheless, it is important to note that there has been no official word on what happened with this particular Cybercab unit, but it is crucial to remember that this is the pre-production testing phase, and these things are more constructive than anything.