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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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Investor's Corner

Tesla gets price target boost, but it’s not all sunshine and rainbows

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Credit: Tesla Europe & Middle East/X

Tesla received a price target boost from Morgan Stanley, according to a new note on Monday morning, but there is some considerable caution also being communicated over the next year or so.

Morgan Stanley analyst Andrew Percoco took over Tesla coverage for the firm from longtime bull Adam Jonas, who appears to be focusing on embodied AI stocks and no longer automotive.

Percoco took over and immediately adjusted the price target for Tesla from $410 to $425, and changed its rating on shares from ‘Overweight’ to ‘Equal Weight.’

Percoco said he believes Tesla is the leading company in terms of electric vehicles, manufacturing, renewable energy, and real-world AI, so it deserves a premium valuation. However, he admits the high expectations for the company could provide for a “choppy trading environment” for the next year.

He wrote:

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“However, high expectations on the latter have brought the stock closer to fair valuation. While it is well understood that Tesla is more than an auto manufacturer, we expect a choppy trading environment for the TSLA shares over the next 12 months, as we see downside to estimates, while the catalysts for its non-auto businesses appear priced at current levels.”

Percoco also added that if market cap hurdles are achieved, Morgan Stanley would reduce its price target by 7 percent.

Perhaps the biggest change with Percoco taking over the analysis for Jonas is how he will determine the value of each individual project. For example, he believes Optimus is worth about $60 per share of equity value.

He went on to describe the potential value of Full Self-Driving, highlighting its importance to the Tesla valuation:

“Full Self Driving (FSD) is the crown jewel of Tesla’s auto business; we believe that its leading-edge personal autonomous driving offering is a real game changer, and will remain a significant competitive advantage over its EV and non-EV peers. As Tesla continues to improve its platform with increased levels of autonomy (i.e., hands-off, eyes-off), it will revolutionize the personal driving experience. It remains to be seen if others will be able to keep pace.”

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Additionally, Percoco outlined both bear and bull cases for the stock. He believes $860 per share, “which could be in play in the next 12 months if Tesla manages through the EV-downturn,” while also scaling Robotaxi, executing on unsupervised FSD, and scaling Optimus, is in play for the bull case.

Will Tesla thrive without the EV tax credit? Five reasons why they might

Meanwhile, the bear case is placed at $145 per share, and “assumes greater competition and margin pressure across all business lines, embedding zero value for humanoids, slowing the growth curve for Tesla’s robotaxi fleet to reflect regulatory challenges in scaling a vision-only perception stack, and lowering market share and margin profile for the autos and energy businesses.”

Currently, Tesla shares are trading at around $441.

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Tesla Optimus dramatically collapses after teleoperator mishap

It seemed blatantly obvious that whoever was controlling the Optimus robot from behind the scenes did not disconnect their ability to manipulate its movements

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Credit: @xdNiBoR | X

Tesla Optimus dramatically collapsed after a teleoperator mishap at the company’s “Future of Autonomy Visualized” event in Miami this past weekend.

It seemed blatantly obvious that whoever was controlling the Optimus robot from behind the scenes did not disconnect their ability to manipulate its movements, then left the controls, causing Optimus to collapse.

A video captured at the event shows Optimus doing a movement similar to taking a headset off, likely what the teleoperator uses to hear guest requests and communicate with other staff:

After the headset removal motion was completed, Optimus simply collapsed backward, making for an interesting bit of conversation. While it was a mishap, it was actually pretty funny to watch because of the drama displayed by the robot in the situation.

This was obviously a mistake made by the teleoperator, and does not appear to be a spot where we can put any sort of blame on Optimus. It would have likely just stood there and waited for controls to resume if the teleoperator had disconnected from the robot correctly.

However, details are pretty slim, and Tesla has not announced anything explaining the situation, likely because it seems to be a pretty face-value event.

Tesla Optimus shows off its newest capability as progress accelerates

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The Tesla Optimus program has been among the most hyped projects that the company has been working on, as CEO Elon Musk has extremely high hopes for what it could do for people on Earth. He has said on several occasions that Optimus should be the most popular product of all time, considering its capabilities.

Obviously, the project is still a work in progress, and growing pains are going to be part of the development of Optimus.

In its development of Optimus Gen 3, Tesla has been working on refining the forearm, hand, and fingers of Optimus, something that Musk said is extremely difficult. However, it’s a necessary step, especially if its capabilities will not be limited by hardware.

All in all, Optimus has still been a very successful project for Tesla, especially in the early stages. The company has done an excellent job of keeping Optimus busy, as it helps with serving customers at events and the Tesla Diner, and is also performing tasks across the company’s manufacturing plants.

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Tesla 2025 Holiday Update: Here’s what it includes, and what it’s missing

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Credit: Grok

Tesla has finally announced the features for the 2025 Holiday Update, which includes a wide variety of new inclusions that are both functional and just for fun.

The new features are plentiful, but there were a handful of things we were expecting to see based on what we know. We don’t want to sound ungrateful, because there are a lot of great new things on the way with this update.

Here’s what was included:

Grok with Navigation Commands (Beta)

Grok will now have the ability to add and edit navigation destinations, which is a drastic improvement considering Tesla owners had to use their standard voice commands for this in the past.

The utilization of Grok will likely improve the navigation experience by offering some insight into your destination, including reviews and other points of interest nearby.

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It will be enabled by using Grok’s “Assistant” personality.

Tesla Photobooth

“Turn your car into a photobooth! Take selfies from inside your Tesla & give yourself a makeover with fun filters, stickers, and emojis. Share with others right from the Tesla app.”

This feature will be available within the Toybox.

Dog Mode Live Activity

When using Dog Mode to keep your four-legged friend comfortable in the car, you’ll now be able to check in on them as it will share periodic snapshots of the cabin, along with live updates on temperature, battery, and climate conditions.

Dashcam Viewer Update

Dashcam clips are awesome, but they’re void of a lot of information, which could be useful in some instances, especially if there is an accident.

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Now, there will be additional details included on each Dashcam clip, like speed, steering wheel angle, and Self-Driving state.

Santa Mode

New graphics, trees, and a lock chime are now available.

Light Show Update

A new Light Show, called Jingle Rush, will be available.

Custom Wraps and License Plates in Colorizer

Colorizer will now be known as “Paint Shop” in the Toybox. You will now be able to personalize your Tesla Avatar with window tints, custom wraps, and license plates. Preloaded designs will be available, but owners will be able to use their USB Flash Drives to create one that suits their style.

Navigation Improvements

Changing the order of your destinations will be easier through a new “Favorites” tab, and Home and Work can now be set by dropping a pin.

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There will also be “Suggested Destinations,” which will be determined through recent trips and habits while parked.

Supercharger Site Map

Perhaps the most significant feature of the Holiday Update, Tesla is adding a 3D view of select Tesla Superchargers by tapping “View Site Map.”

When navigating to a location with this capability, the site layout, live occupancy, and nearby amenities will be available. Drivers will also be able to choose which stall to Supercharge.

This is only available at a handful of locations currently, but it will expand to more Superchargers as it becomes more robust.

Automatic Carpool Lane Routing

Navigation will include an option to utilize carpool lanes. Your route will automatically choose the carpool lane when eligible.

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Phone Left Behind Chime

If the in-car occupant detection system does not see anyone in the car and there is a phone key, or if a phone is left inside the cabin, your Tesla will chime a few seconds after the doors close.

Charge Limit Per Location

You can now save a charge limit for the current location while parked and it will be applied automatically the next time you charge there.

ISS Docking Simulator

In a SpaceX collaboration, Tesla has added this game to its in-car Arcade:

“Become an astronaut and prove your skills by docking with the International Space Station. Control & guide the rocket in this 3D docking simulator game using a set of controls based on actual interfaces used by NASA astronauts.”

Additional Improvements

  • Enable or disable wireless phone charging pads in Controls > Charging (S3XY) or Controls > Outlets & Mods (Cybertruck)
  • Add Spotify tracks to your queue right from the search screen & scroll through large Spotify playlists, albums, podcasts, audiobooks & your library seamlessly, without paging
  • Take the vibes up another level with rainbow colors during Rave Cave. Accent lights color will change along with the beats of your music. App Launcher > Toybox > Light Sync
  • Lock Sound now includes Light Cycle from Tron Mode. Toybox > Boombox > Lock Sound

What’s Missing

There are a handful of features we expected to see with the Holiday Update, but were not included.

Banish Feature

Tesla has been teasing the Banish functionality for quite a few years, but evidently, it is not quite there yet.

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Banish will allow owners to get out of their vehicle at the entrance of their destination, and the car will go find a spot and park itself. Some refer to it as “Reverse Summon.”

Apple CarPlay

With all of the rumors regarding Apple CarPlay and then the evidence that Tesla was working to bring CarPlay to vehicles, we really expected it to come with the Holiday Update.

Tesla reportedly testing Apple CarPlay integration: report

We’re not upset it’s not here, though. Tesla’s in-car UI is significantly better, at least in our opinion.

Parking Spot Selection

One of the biggest gripes about the new Arrival Features with Full Self-Driving v14 is that choosing a set parking spot is not available. This is especially frustrating for Tesla owners who rent or live in townhouse neighborhoods or apartment complexes with assigned parking.

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Tesla seems to be working on this based on the release notes for v14.2, where it said future capabilities would include Parking Spot Selection.

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