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 Robotaxi app download rate demolishes Uber, Waymo all-time highs
After two and a half months of testing with a group of hand-picked Tesla influencers and some media, the company has officially launched Robotaxi rides in both Austin, Texas, and the California Bay Area to the public.
Tesla launched its Robotaxi app to the general public yesterday, and the number of downloads is a testament to the platform’s high demand for testing.
After two and a half months of testing with a group of hand-picked Tesla influencers and some media, the company has officially launched Robotaxi rides in both Austin, Texas, and the California Bay Area to the public.
Tesla Robotaxi makes major expansion with official public app launch
Downloading the app is available to iOS users, so if you have an iPhone, you can get it and join the waitlist. Tesla has not yet launched the Robotaxi app for the Android platform, but did hint that it would be coming soon.
The testing phase with the group Tesla selected has gone well. In Austin, the City has only listed one “Safety Concern” with Robotaxi during the testing phase. For the most part, things have gone extremely well, and riders have had good things to say.
Tesla is still operating with some safeguards in place, such as Safety Monitors and Safety Drivers, but these are precautionary and temporary; CEO Elon Musk has said they should be removed by the end of the year.
Elon Musk says Tesla will take Safety Drivers out of Robotaxi: here’s when
Even still, Tesla Robotaxi is something that many people want to experience, and the app downloads prove it.
The Tesla Robotaxi app was downloaded at a rate that exceeded all rolling 30-day periods of both Uber and Waymo, according to Brett Winton of ARK Invest. Tesla’s Robotaxi’s first day on the App Store exceeded Uber’s by 40 percent and Waymo’s best download day ever by six times:
Today’s Tesla Robotaxi App downloads outpaced Uber across all rolling 30 day periods by 40% and bested Waymo’s best download day ever by >6x pic.twitter.com/s9s1XTsUu2
— Brett Winton (@wintonARK) September 5, 2025
The surge in downloads is a good indication of how in demand the Robotaxi suite was, as many people within the community had vocalized their requests to try the platform, but Tesla was not ready to expand it beyond its handpicked group.
The expansion of the program will result in more rides, provided Tesla continues to expand its fleet of vehicles. It has already admitted many of those who were initially placed on the waitlist.
News
Elon Musk’s xAI expands to Seattle with salaries up to $440,000
The move was announced by the artificial intelligence startup and Elon Musk on social media platform X.
Elon Musk’s artificial intelligence startup xAI is opening a new office in Seattle as it accelerates its global expansion.
The move was announced by the artificial intelligence startup and Elon Musk on social media platform X. xAI is also hiring for its first positions in the new site.
New Seattle office
As could be seen on xAI’s Careers webpage, the Seattle office is currently hiring for three engineering roles. Each of the three technical roles tied to the new site carry salaries ranging from $180,000 to $440,000.
The new office adds to xAI’s growing presence, which now spans San Francisco, Austin, London, Dublin, New York, and Memphis. The Seattle-based roles focus on video and image generation systems, signaling Musk’s intent to challenge rivals like OpenAI and Meta in generative AI.
Pressures and challenges
Seattle also places xAI within reach of Microsoft’s headquarters in Redmond. Microsoft has emerged as a central player in the AI race through its multibillion-dollar partnership with OpenAI, making xAI’s move into the region notable. The competition for AI specialists has pushed salaries higher across the industry, with filings showing OpenAI staff earning up to $530,000 and Anthropic engineers as much as $690,000 annually, as noted by Insider.
The startup has also seen some high-profile departures in recent months, including cofounder Igor Babuschkin and general counsel Robert Keele. Still, xAI continues to grow aggressively, and its Grok large language model has been gaining momentum among mainstream users. Work also continues to be underway to further build out the company’s Colossus supercomputer cluster. Reports have also suggested that xAI has moved into San Francisco offices in the Mission District, a site Musk initially leased during OpenAI’s early years.
Investor's Corner
Elon Musk’s new pay plan ties trillionaire status to Tesla’s $8.5 trillion valuation
Shareholders are expected to vote on the proposal at the annual meeting on November 6.
Tesla’s board has proposed a new compensation package for CEO Elon Musk that could make him the world’s first trillionaire and Tesla the most valuable company in history.
The 2025 CEO Performance Award, outlined in a securities filing on Friday, would be worth up to $900 billion in Tesla stock (NASDAQ:TSLA) if the automaker achieves a series of aggressive performance and valuation goals, according to the New York Times.
Shareholders are expected to vote on the proposal at the annual meeting on November 6.
Tesla is aiming for an insane $8.5 trillion market cap
The package requires Musk to lift Tesla’s market capitalization from about $1.1 trillion today to $8.5 trillion over the next decade. At that level, Tesla would surpass every major public company in existence. Nvidia, currently the world’s most valuable firm, has a market cap of around $4.2 trillion today, as noted in a Motley Fool report. Microsoft and Apple follow at $3.8 and 3.6 trillion each, while Saudi Aramco is valued at around $1.5 trillion.
If Tesla achieves its $8.5 trillion target, it would be worth more than twice Nvidia’s present valuation and nearly eight times its current size. The compensation plan also requires Tesla’s operating profit to grow from $17 billion last year to $400 billion annually.
Elon Musk’s path to a trillionaire status
Apart from leading Tesla to become the world’s biggest company in history, Musk is also required to hit several product targets for the electric vehicle maker. These include the delivery of 20 million Tesla vehicles cumulatively, 10 million active FSD subscriptions, 1 million Tesla bots delivered, and 1 million Robotaxis in operation.
Tesla board chair Robyn Denholm and director Kathleen Wilson-Thompson said retaining Musk is “fundamental to Tesla achieving these goals and becoming the most valuable company in history.” If successful, the plan would raise Musk’s Tesla stake from 13% to about 25%, further consolidating his control. It would also result in the CEO earning $900 billion in TSLA stock, allowing him to effectvely become a trillionaire.
The proposal mirrors a 2018 compensation plan that was invalidated in Delaware court earlier this year in the way that it is focused on very aggressive targets and operational milestones. Tesla has since shifted its corporate registration to Texas, where challenges from potential activist shareholders are less of a risk.
Tesla’s SEC filing can be viewed below.
www-sec-gov-Archives-edgar-data-1318605-000110465925087598-tm252289-4_pre14a-htm… by Simon Alvarez
Tesla Robotaxi app download rate demolishes Uber, Waymo all-time highs
Elon Musk’s xAI expands to Seattle with salaries up to $440,000
Elon Musk’s new pay plan ties trillionaire status to Tesla’s $8.5 trillion valuation
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