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’s Cybercab fleet jumped 8x in a month, with Dallas up next
Tesla confirms its first official Cybercab fleet number as Austin scales fast and Dallas looms.
Tesla says more than 300 Cybercabs are now serving Austin, the first time the company has put an official number on its active Cybercab fleet. The figure came from the Robotaxi account on X on Saturday, which wrote that one month after launch the service had “scaled to 300+ Cybercabs serving Austin – an 8x increase in 30 days.”
Ashok Elluswamy, Tesla’s head of AI software, quoted the post with a line that carried the bigger news. “Two years since the 10/10 Cybercab WeRobot event, the cabs are everywhere in Austin now. Dallas soon,” he wrote. It is the first time Tesla has named the next city for public Cybercab rides.
One month after launch, we’ve scaled to 300+ Cybercabs serving Austin – an 8x increase in 30 days https://t.co/EagJy2JAsm
— Robotaxi (@robotaxi) October 10, 2026
Tesla opened Cybercab rides to the public in Austin on September 4, as Teslarati reported, a day after an invite only launch event. The ramp since then has been steep. Our September 28 report had the fleet at well over 100 units after availability jumped from 58 to 125 in a single week. On Thursday, Tesla added 150 Cybercabs to the Texas automated vehicle registry, lifting its registered count to 319 from 169. The first seven appeared on the registry on August 31.
RobotaxiTracker, a community site that counts vehicles from sightings and state records, listed 275 vehicles in unsupervised service in Austin on Saturday, 105 of them Cybercabs, which is well below Tesla’s figure. Tracker counts can lag official numbers, though Sawyer Merritt noted that Cybercab wait times in Austin stayed short on Saturday evening even with more than 2,000 fans in town for X Takeover.
Regulators are watching the rollout. NHTSA opened an audit query into Tesla’s certification that the Cybercab meets federal safety standards, and sworn answers are due October 30. Tesla reports third quarter earnings on October 21, which gives the company a natural venue to define its fleet numbers and put a date on Dallas.
Elon Musk
Elon Musk roasts India’s billionaire Mukesh Ambani as Starlink fight heats up
Elon Musk sarcastically calls Mukesh Ambani ‘Prime Minister’ as the Starlink India standoff escalates again.
Elon Musk escalated his public fight over Starlink’s launch in India on Friday, addressing Reliance chairman Mukesh Ambani as “Prime Minister Ambani” in a sarcastic post on X. “Please accept my humble apologies for not realizing that you are the real boss of India,” Musk wrote, before accusing Ambani of “monopolistic exploitation” and asking whether he would “consider allowing Starlink to compete.” In follow up posts, he said Starlink has proven essential during natural disasters and would help parts of India with no internet access.
The post came two days into a fight that Musk sparked up on Wednesday, when he said Starlink was “being blocked by certain oligarchs in order to maintain their monopolistic chokehold on the Indian people.” He called it “a crime against the people of India” and left the names out, adding only, “You can guess who they are.” Jio and Airtel together hold more than 80% of India’s telecom market. On Thursday, Musk asked whether Ambani is “the real boss of India” and said Starlink has spent five years complying with “every single law and requirement” of the Indian government.
Dear Prime Minister Ambani,
Please accept my humble apologies for not realizing that you are the real boss of India.
Naturally, you would prefer to maintain your monopolistic exploitation of the great people of India, but would you nonetheless consider allowing Starlink to compete?
There are many areas of India, as there are in all countries, with no Internet access, which denies children the opportunity for education and for small businesses the opportunity to sell their goods to a global market. Starlink would change their lives for the better.
Thank you 🙏
— Elon Musk (@elonmusk) October 9, 2026
India’s government has pushed back each time. The Ministry of Communications called the suggestion that its framework is unfair or discriminatory “baseless and misconceived.” Communications Minister Jyotiraditya Scindia said Friday that three companies hold satcom licenses: Starlink, Jio Satellite Communications, and Bharti backed Eutelsat OneWeb. Amazon’s Kuiper, now Amazon Leo, is still going through the process. None can launch until regulators finalize satellite spectrum pricing and the Home Ministry signs off on each company’s security compliance. Scindia said the telecom regulator and the Department of Telecommunications are close to a decision on pricing, The Hindu reported. Bharti chairman Sunil Mittal also said OneWeb is still waiting on approvals.
Starlink received its operator license in 2025 after a three year wait, and the space regulator IN-SPACe granted what industry executives called the last approval needed in July. The holdup since then centers on security, particularly concern that foreign operators could bypass Indian gateways.
Musk and Ambani have been on opposite sides of this before. In late 2024, Ambani argued for auctioning satellite spectrum, which Musk criticized as out of step with the rest of the world, and India chose administrative allocation instead. By March 2025, the two sides had signed a deal to sell Starlink devices in Reliance stores, and Starlink secured its telecom license that June. That partner is now also a competitor. Jio is reportedly weighing a constellation of 1,600 to 1,650 satellites costing an estimated $10 billion to $15 billion, while Akash Ambani has told shareholders Jio plans to lease capacity from global providers to move quickly.
Elon Musk
Elon Musk’s surprise addition to the X Takeover lineup has fans talking
Elon Musk will join Saturday’s X Takeover at Giga Texas for a live virtual interview.
Elon Musk will join X Takeover at Giga Texas on Saturday for a live virtual interview, according to Sawyer Merritt, who shared the news late Thursday. Musk will not be on stage in Austin. The conversation is set to stream for free on the @teslaownersSV account on X.
Organizers had kept expectations in check. In a September update, Tesla Owners Silicon Valley said Musk had appeared at the event twice before but was not promising a third appearance, even as fans hoped he would walk the Giga Texas grounds in person. A virtual spot matches 2024, when Musk gave a surprise interview of about an hour to the crowd in San Luis Obispo, as Teslarati reported at the time.
Wasn’t expecting this 🫡
— Tesla Owners Silicon Valley (@teslaownersSV) October 9, 2026
This year’s edition is a first in several ways. It is the first X Takeover held outside California and the first at a Tesla facility, with tickets selling out in eight days. Tesla provides the venue, but the event is produced independently by Tesla Owners Silicon Valley. The main event runs from 10 a.m. to 6 p.m. CT, followed by a drone and light show at 9 p.m. Maye Musk is the keynote speaker, Franz von Holzhausen is set for a virtual keynote, and Nicki Minaj is the special guest. Joe Tegtmeyer, whose drone footage Teslarati used to track the Optimus factory steel frame at Giga Texas, is also on the speaker list.
Musk’s interview topics have not been revealed, but the backdrop is busy. Tesla doubled its Cybercab fleet in Austin in late September, and last week Musk explained why Robotaxi hours only moved from 10 p.m. to 11 p.m.. Merritt also reported Thursday that Texas DMV records now show 319 registered Cybercabs, up from 169. NHTSA’s deadline for Tesla’s sworn answers on Cybercab certification is October 30, and Tesla reports third quarter earnings on October 21.
Fans who cannot make it to Austin can watch the livestream on X. Musk tends to say more in unscripted settings than he does in prepared remarks, which is the reason this one is worth having open on Saturday.
Tesla’s Cybercab fleet jumped 8x in a month, with Dallas up next
Elon Musk roasts India’s billionaire Mukesh Ambani as Starlink fight heats up
Elon Musk’s surprise addition to the X Takeover lineup has fans talking
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