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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.

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You can see the full tweet in question below.

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.”

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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.

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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.

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 makes dramatic change to Online Design Studio to show FSD plans

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tesla interior operating on full self driving
Credit: TESLARATI

Tesla made a dramatic change to the Online Design Studio to show its plans for Full Self-Driving, a major part of the company’s plans moving forward, as CEO Elon Musk has been extremely clear on the direction moving forward.

With Tesla taking a stand and removing the ability to purchase Full Self-Driving outright next month, it is already taking steps to initiate that with owners and potential buyers.

On Thursday night, the company updated its Online Design Studio to reflect that in a new move that now lists the three purchase options that are currently available: Monthly Subscription, One-Time Purchase, or Add Later:

This change replaces the former option for purchasing Full Self-Driving at the time of purchase, which was a simple and single box to purchase the suite outright. Subscriptions were activated through the vehicle exclusively.

However, with Musk announcing that Tesla would soon remove the outright purchase option, it is clearer than ever that the Subscription plan is where the company is headed.

The removal of the outright purchase option has been a polarizing topic among the Tesla community, especially considering that there are many people who are concerned about potential price increases or have been saving to purchase it for $8,000.

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This would bring an end to the ability to pay for it once and never have to pay for it again. With the Subscription strategy, things are definitely going to change, and if people are paying for their cars monthly, it will essentially add $100 per month to their payment, pricing some people out. The price will increase as well, as Musk said on Thursday, as it improves in functionality.

Those skeptics have grown concerned that this will actually lower the take rate of Full Self-Driving. While it is understandable that FSD would increase in price as the capabilities improve, there are arguments for a tiered system that would allow owners to pay for features that they appreciate and can afford, which would help with data accumulation for the company.

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Musk’s new compensation package also would require Tesla to have 10 million active FSD subscriptions, but people are not sure if this will move the needle in the correct direction. If Tesla can potentially offer a cheaper alternative that is not quite unsupervised, things could improve in terms of the number of owners who pay for it.

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Tesla Model S completes first ever FSD Cannonball Run with zero interventions

The coast-to-coast drive marked the first time Tesla’s FSD system completed the iconic, 3,000-mile route end to end with no interventions.

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A Tesla Model S has completed the first-ever full Cannonball Run using Full Self-Driving (FSD), traveling from Los Angeles to New York with zero interventions. The coast-to-coast drive marked the first time Tesla’s FSD system completed the iconic, 3,000-mile route end to end, fulfilling a long-discussed benchmark for autonomy.

A full FSD Cannonball Run

As per a report from The Drive, a 2024 Tesla Model S with AI4 and FSD v14.2.2.3 completed the 3,081-mile trip from Redondo Beach in Los Angeles to midtown Manhattan in New York City. The drive was completed by Alex Roy, a former automotive journalist and investor, along with a small team of autonomy experts.

Roy said FSD handled all driving tasks for the entirety of the route, including highway cruising, lane changes, navigation, and adverse weather conditions. The trip took a total of 58 hours and 22 minutes at an average speed of 64 mph, and about 10 hours were spent charging the vehicle. In later comments, Roy noted that he and his team cleaned out the Model S’ cameras during their stops to keep FSD’s performance optimal. 

History made

The historic trip was quite impressive, considering that the journey was in the middle of winter. This meant that FSD didn’t just deal with other cars on the road. The vehicle also had to handle extreme cold, snow, ice, slush, and rain. 

As per Roy in a post on X, FSD performed so well during the trip that the journey would have been completed faster if the Model S did not have people onboard. “Elon Musk was right. Once an autonomous vehicle is mature, most human input is error. A comedy of human errors added hours and hundreds of miles, but FSD stunned us with its consistent and comfortable behavior,” Roy wrote in a post on X.

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Roy’s comments are quite notable as he has previously attempted Cannonball Runs using FSD on December 2024 and February 2025. Neither were zero intervention drives.

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Tesla removes Autopilot as standard, receives criticism online

The move leaves only Traffic Aware Cruise Control as standard equipment on new Tesla orders.

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Credit: Tesla Malaysia/X

Tesla removed its basic Autopilot package as a standard feature in the United States. The move leaves only Traffic Aware Cruise Control as standard equipment on new Tesla orders, and shifts the company’s strategy towards paid Full Self-Driving subscriptions.

Tesla removes Autopilot

As per observations from the electric vehicle community on social media, Tesla no longer lists Autopilot as standard in its vehicles in the U.S. This suggests that features such as lane-centering and Autosteer have been removed as standard equipment. Previously, most Tesla vehicles came with Autopilot by default, which offers Traffic-Aware Cruise Control and Autosteer.

The change resulted in backlash from some Tesla owners and EV observers, particularly as competing automakers, including mainstream players like Toyota, offer features like lane-centering as standard on many models, including budget vehicles.

That being said, the removal of Autopilot suggests that Tesla is concentrating its autonomy roadmap around FSD subscriptions rather than bundled driver-assistance features. It would be interesting to see how Tesla manages its vehicles’ standard safety features, as it seems out of character for Tesla to make its cars less safe over time. 

Musk announces FSD price increases

Following the Autopilot changes, Elon Musk stated on X that Tesla is planning to raise subscription prices for FSD as its capabilities improve. In a post on X, Musk stated that the current $99-per-month price for supervised FSD would increase over time, especially as the system itself becomes more robust.

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“I should also mention that the $99/month for supervised FSD will rise as FSD’s capabilities improve. The massive value jump is when you can be on your phone or sleeping for the entire ride (Unsupervised FSD),” Musk wrote. 

At the time of his recent post, Tesla still offers FSD as a one-time purchase for $8,000, but Elon Musk has confirmed that this option will be discontinued on February 14, leaving subscriptions as the only way to access the system.

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