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Court rules Musk doesn’t have to delete 2018 anti-union Tesla tweet

Credit: Tesla

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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.

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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.”

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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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Zach is a renewable energy reporter who has been covering electric vehicles since 2020. He grew up in Fremont, California, and he currently lives in Colorado. His work has appeared in the Chicago Tribune, KRON4 San Francisco, FOX31 Denver, InsideEVs, CleanTechnica, and many other publications. When he isn't covering Tesla or other EV companies, you can find him writing and performing music, drinking a good cup of coffee, or hanging out with his cats, Banks and Freddie. Reach out at zach@teslarati.com, find him on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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Tesla opens the Q&A for its biggest earnings call yet

Tesla opens its Q3 earnings Q&A, and Cybercab, Robotaxi, Optimus and regulators loom over October 21.

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Tesla has opened its shareholder question portal for the Q3 2026 earnings call, with the Say Q&A page already listing questions. Investors have until 4:00 p.m. EDT on October 20 to submit and vote on what management should answer.

The call is set for Wednesday, October 21. Tesla will post results after the market closes, with a live webcast at 4:30 p.m. CT, or 5:30 p.m. ET, through its investor relations site.

Say ranks questions by the number of shares behind the votes, which gives institutional holders extra weight over the retail crowd.

Ahead of Q2, retail investors asked why Robotaxi growth had stalled, when Cybercab would start customer rides, and where the Optimus Gen 3 ramp stood, while an institutional holder asked how Tesla and SpaceX would split Terafab duties. Cybercab has since answered one of those. Tesla said last week it has 300 plus Cybercabs serving Austin, up eightfold in 30 days, with Dallas named as the next city. The questions now are likely to move from when to how fast.

There is also a regulatory question hanging over the call. NHTSA has demanded sworn answers on how the pedal free Cybercab was certified against federal safety standards, with responses due October 30, nine days after the call. Whether an analyst raises it live is unknown, but it is the kind of exposure that tends to find its way into a Q&A.

The numbers will not be the main draw. Tesla already reported 486,532 deliveries and 13.7 GWh of storage for the quarter. Consensus sits around 43 to 45 cents per share on roughly $27.8 billion in revenue, according to Zacks, after a Q2 report that missed on EPS. Goldman Sachs, which holds a Neutral rating and a $360 target, argues the outlook for Robotaxi, FSD and Optimus will matter more to the stock than the quarter itself.

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The call also lands six days after the rescheduled Roadster event, which Tesla will stream on X on Thursday, October 15, at 7:55 p.m. CT. If the Roadster shows up with a production date or a SpaceX thruster package, expect it to climb the voting list before the deadline.

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Ukraine says Starlink is cutting out its military drones as Poland calls out Elon Musk

Ukrainian officials allege SpaceX limited military Starlink speeds, disrupting drone missions; SpaceX has not commented.

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Credit: Mykhailo Fedorov/Twitter

Ukrainian officials are accusing SpaceX of placing a speed limit on the military version of Starlink that their forces use to fly drones, but SpaceX has not confirmed that any change was made. Presidential adviser Serhiy Beskrestnov said in a Telegram post on Wednesday that Starshield terminals have begun losing service when they move faster than about 100 miles per hour, according to a Reuters report. “Our defense forces did not receive a warning about this limitation, and this led to the disruption of several missions,” he wrote.

Ukraine’s 7th Rapid Reaction Corps told Reuters that connections dropped for 10 to 20 seconds at just 68 to 75 mph, which made the drones harder to control. Volunteer Serhiy Sternenko, citing military reports, said the dropouts are now starting at 37 to 43 mph. These accounts come from Ukrainian officials and military sources and have not been independently verified. Regular civilian terminals were reportedly not affected, according to EUalive.


SpaceX has not publicly commented or explained what, if anything, changed. Beskrestnov and other Ukrainian officials believe the issue is intentional and point to the timing. Washington has been pressing Kyiv to stop long range strikes on Russian oil refineries after President Trump called for an “energy ceasefire,” and Musk posted on Saturday that “Zelensky has gone too far.” EUalive noted that neither Ukrainian nor Polish officials have presented evidence that the limit was ordered by Washington or by SpaceX, so the link to politics remains an allegation. Other explanations, such as a technical or policy change affecting fast moving terminals, have not been ruled out.

Poland’s foreign minister, Radosław Sikorski, responded on X by quote tweeting a Kyiv Independent report and writing: “Hey, @elonmusk, big man, are you playing politics with your products again? As your European customers, we are watching you.” Poland is the largest funder of Ukraine’s Starlink service, having supplied more than 29,000 terminals and covering operating costs Sikorski has put at roughly $50 million a year. The wording echoes their 2025 clash, when Musk told Sikorski to “be quiet, small man.” At the time of writing, neither Musk nor SpaceX had responded to the claims.

The dispute sits on top of a long history. Musk confirmed in February 2022 that Starlink was active in Ukraine after a request from a Ukrainian minister. That October, SpaceX asked the Pentagon to share the bill and Musk said the cost was approaching $20 million a month, before he reversed course and said SpaceX would keep paying. In December 2024 the Pentagon moved some of those terminals onto the Starshield service, the government version now at the center of the complaints.

SpaceX has also changed how its network treats certain terminals in Ukraine before, and that time it was with Kyiv’s cooperation. In February, Ukrainian officials confirmed that terminals believed to be used by Russian troops were disabled after coordination with SpaceX, a step that Ukrainian commanders later said hurt Russian assaults. Whether anything similar is behind the latest reports is unclear, which is why Kyiv is asking for answers.

Ukraine is already looking at backups. Defense tech company Stetman is developing its own satellite system, UASAT-NANO, and officials in Europe have discussed alternatives to Starlink since early 2025, though none match its scale yet.

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FAA kicks off review of SpaceX’s bid to fly Starship nearly every day

FAA is reviewing SpaceX’s plan for 456 Starship launches a year, up from 25 today.

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Rendering of Elon Musk overlooking a Starship fleet (Credit: Grok)

The FAA said Tuesday that it will prepare an environmental impact statement on SpaceX’s proposal to run as many as 456 Starship launches and 912 landings a year from Starbase, Texas. SpaceX is currently authorized for 25 launches and 50 landings annually, which makes the request roughly 18 times the existing ceiling. The notice of intent is set to publish in the Federal Register on Wednesday.

The plan comes in two phases. Phase 1 would allow up to 100 launches and 200 landings a year, on any day and at any hour. Phase 2, which the FAA says could arrive within several years, would raise the limit to the full 456 launches, still at any hour but only on weekdays. The agency noted that 912 landings is the upper limit for the Texas facility no matter where a given mission begins, and that Starship and Super Heavy could come down at the launch site or in the Gulf and open ocean.

A draft statement will be released for public comment at a later date, and the FAA has not said when. According to the Federal Registar, written comments are due November 30 on regulations.gov under docket FAA-2026-12808, with in person scoping meetings on November 17 in Brownsville and November 19 in Port Isabel, plus a virtual session on November 18. The review will weigh air quality, wildlife, coastal resources, water, noise, and aviation, and the FAA said any increase beyond this proposal would need its own separate review.

The numbers look large next to what Starbase has actually done. Starship has flown three times from Texas this year, including Flight 14 on September 28, the first orbital flight, which deployed 26 Starlink V3 satellites. Bloomberg reported that Starbase has never launched more than five times in a calendar year. The current cap of 25 comes from an FAA approval in May 2025. In February, the agency also approved up to 44 Starship launches a year from Launch Complex 39A in Florida, so Phase 1 in Texas alone would more than double that allowance.

Musk has said Starship could eventually fly more than once per hour within less than a decade, per Bloomberg. The nearer term target is Flight 15. Musk said on October 10 that it is hopefully four to six weeks away and will try to catch the ship with the tower, as Teslarati covered. That flight still runs under the existing 25 launch limit, and so would every Starbase launch for as long as the new review takes.

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As of mid morning Pacific time on Tuesday, SpaceX had not posted about the filing on its own account.

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