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.
Elon Musk
Tesla CEO Elon Musk reveals new details about Robotaxi rollout
The first Tesla Robotaxi unit was spotted in Austin earlier today, and CEO Elon Musk is revealing some cool new details.
Tesla CEO Elon Musk has revealed new details about the company’s relatively imminent rollout of the Robotaxi platform as the suspected launch date of June 12 continues to near.
Earlier today, the first video showing the first driverless Tesla Robotaxi in Austin was shared on X, just a day after the City officially listed the company as an autonomous vehicle operator on its website. Tesla is listed as a company in the “Testing” phase.
🚨 BREAKING: The first Tesla Robotaxi has been spotted in Austin!
It’s has the word “Robotaxi” inscribed on the side, and it’s very clear that there is nobody in the driver’s seat.
It does appear that someone is in the passenger’s seat. https://t.co/6BdTfd4B8p pic.twitter.com/dygWCeQ5kZ
— TESLARATI (@Teslarati) June 10, 2025
The initial details of the Robotaxi are being revealed by Musk, who is carefully releasing small tidbits that seem to show the capabilities of the entire Tesla fleet, and not necessarily just the vehicles that will be involved in the initial rollout in Austin.
First Tesla driverless robotaxi spotted in the wild in Austin, TX
His first tidbit is one that many Tesla owners and fans will already know: many Teslas are capable of this driveless performance, but Full Self-Driving is not yet refined to the point where the software is quite ready to handle it. Current versions are robust, but not prepared for driverless navigation. The hardware, however, will enable Teslas to be Robotaxis, even if they’re already purchased by owners:
These are unmodified Tesla cars coming straight from the factory, meaning that every Tesla coming out of our factories is capable of unsupervised self-driving! https://t.co/n94ln0Uas6
— Elon Musk (@elonmusk) June 10, 2025
This is one of the biggest advantages Tesla has over other vehicle makers. Simply put, the Over-the-Air software updates that will roll out to FSD users will eventually make their cars into Robotaxis as well.
However, Musk shed some details on the version of FSD that is being run in these new Robotaxis that were spotted. Musk said that the version these Robotaxis are running is a new version, but will soon “merge to main branch.”
There is also an even newer version that has four times the parameters as this newer version that the test-stage Robotaxis are using, but Musk admits that this needs significant refinement before it is released to the public.
It’s a new version of software, but will merge to main branch soon.
We have a more advanced model in alpha stage that has ~4X the params, but still requires a lot of polishing.
That’s probably ready for deploy in a few months.
— Elon Musk (@elonmusk) June 10, 2025
As of now, Tesla is simply teasing the actual launch date of the Robotaxi program, but Bloomberg reported earlier this month that it will occur on June 12.
News
First Tesla driverless robotaxi spotted in the wild in Austin, TX
The short clip suggests that Tesla may be ramping up its preparations for its robotaxi rollout in Austin.
A recent video posted on X has provided a first look at Tesla’s driverless robotaxi, which is expected to be deployed in Austin, Texas, this month. The vehicle was a new Tesla Model Y, which was followed by what appeared to be a manned chase car.
The short clip suggests that Tesla may be ramping up its preparations for its robotaxi rollout in Austin.
The First Robotaxi Sighting
It was evident from the short clip that the Tesla robotaxi was operating completely driverless. In the video, which was posted on X by @TerrapinTerpene, the driverless Tesla could be seen confidently making a turn. The vehicle looked and behaved like any other car on the road, save for the fact that there was no one in the driver’s seat.
Interestingly enough, the short video also provided a teaser on where Tesla will place its “robotaxi” logo on its self-driving cars. Based on the video, the robotaxis’ logo will be tastefully placed on the front doors, making the vehicles look sleek and clean.
Initial Rollout Imminent
Recent reports have suggested that Tesla is already starting the testing phase of its robotaxi service in Austin, Texas. Expectations are also high that Tesla’s initial fleet of self-driving vehicles will be utilizing a lot of teleoperation to ensure that they operate as safely as possible.
Updates to Austin’s official website recently have hinted at Tesla’s robotaxi launch. Just this Monday, Tesla was listed as an autonomous vehicle (AV) operator on Austin’s official Department of Motor Vehicles (DMV). Other AV operators listed on the site are Waymo and Zoox, among others.
Elon Musk, for his part, has noted that by the end of June, the public in Austin should be ready to take rides in Tesla robotaxis without an invitation. He also noted in late May that Tesla has been busy testing driverless cars on Austin’s city streets without any incidents.
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Tesla Model Y proudly takes its place as China’s best-selling SUV in May
The Model Y edged out competitors like the BYD Song Plus.
The Tesla Model Y claimed its position as China’s best-selling SUV in May, with 24,770 units registered, according to insurance data from China EV DataTracker.
The Model Y edged out competitors like the BYD Song Plus, which recorded 24,240 registrations, as well as Geely’s gasoline-powered Xingyue L, which took third place with 21,014 units registered, as noted in Car News China report.
Return To The Top
The Model Y’s return to the top of China’s SUV market follows a second-place finish in April, when it trailed the BYD Song Plus by just 684 units. Tesla China had 19,984 new Model Y registrations in April, while BYD had 20,668 registrations for the Song Plus.
For the first five months of 2025, Tesla sold 126,643 Model Ys in China, outpacing the Song Plus at 110,551 units and BYD’s Song Pro at 80,245 units. This is quite impressive as the new Tesla Model Y is still a premium vehicle that is significantly more expensive than a good number of its competitors.
Year-Over-Year Challenges
Despite its SUV crown, Tesla’s year-over-year performance in China is still seeing headwinds. May sales totaled 38,588 units, a 30% year-over-year decline. From January to May, Tesla delivered 201,926 vehicles in China, a 7.8% drop year-over-year. These drops, however, are notably affected by the company’s changeover to the new Model Y in the first quarter.
Exports from Tesla’s Shanghai Gigafactory also fell, with 90,949 vehicles being shipped from January to May 2025. This represents a decline of 33.4% year-over-year, though May exports rose 33% to 23,074 units.
China’s electric vehicle market, meanwhile, showed robust growth. Total NEV sales, which includes battery electric vehicles (BEVs) and plug-in hybrids (PHEVs), reached 1,021,000 units in May, up 28% year-over-year. BEV sales alone hit 607,000 units, a 22.4% increase.
Considering the fact that China’s BEV market is extremely competitive, the Tesla Model Y’s rise to the top of the country’s SUV rankings is extremely impressive.
Tesla CEO Elon Musk reveals new details about Robotaxi rollout
First Tesla driverless robotaxi spotted in the wild in Austin, TX
Tesla Model Y proudly takes its place as China’s best-selling SUV in May
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