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
Elon Musk breaks his silence on the Starlink impact to Ukraine drones
Musk says the US military and president set Starshield limits, not SpaceX, amid Ukraine complaints.
Elon Musk says the speed limit cutting out Ukraine’s military Starlink terminals is not SpaceX’s decision. In a post on X Wednesday, Musk wrote that “Starshield systems are owned and controlled by the US government. Any limits on speed or usage are decided by the US military and ultimately POTUS.” He added that Starlink is a commercial service limited to civilian or defensive activities and “cannot be used for offensive military action, as doing so would be inappropriate for a commercial company.”
He was replying to Mykhailo Fedorov, Ukraine’s former defense minister, who had thanked Musk for restoring connectivity at speeds up to 160 km/h and said removing the Starshield limit entirely is “now critical for Ukraine’s defense.”
Starshield systems are owned and controlled by the US government. Any limits on speed or usage are decided by the US military and ultimately POTUS.
Starlink is a commercial service owned and controlled by SpaceX. Usage of Starlink is limited to civilian or defensive activities and cannot be used for offensive military action, as doing so would be inappropriate for a commercial company.
— Elon Musk (@elonmusk) October 14, 2026
The complaint started Tuesday night, when Ukrainian officials said military terminals began losing service above roughly 100 mph. Presidential adviser Serhiy Beskrestnov said the defense forces got no warning and several missions were disrupted, as Teslarati reported earlier Wednesday. The 7th Rapid Reaction Corps told Reuters connections dropped for 10 to 20 seconds at speeds well below the limit, which made drones harder to control. Poland’s foreign minister, Radoslaw Sikorski, asked Musk on X whether he is “playing politics with your products again.”
That is why the Starlink and Starshield distinction matters. SpaceX introduced Starshield in 2022 as the government version of Starlink, with an initial focus on Earth observation, communications and hosted payloads. It won a Space Force contract in 2023 with a $70 million ceiling. In December 2024, the Pentagon moved Ukraine’s terminals onto Starshield, covering about 3,000 units across two contracts. Ukraine’s military connections therefore run through a service that Musk now says sits under Washington’s control.
While Musk’s post describes who holds authority, it does not infer that anyone ordered the limit, and neither SpaceX nor the US government has confirmed who set it. Ukrainian officials have pointed to the timing, which follows President Trump’s push for an energy ceasefire and Musk’s Saturday post that “Zelensky has gone too far.” The BBC noted Trump denied threatening to restrict intelligence sharing with Kyiv, and no evidence has been presented that Washington requested the cap.
The episode also revives a promise from 2025. After Poland accused him of threatening Ukraine’s access, Musk said Starlink “will never turn off its terminals” and would not be used as a bargaining chip. Poland has since supplied more than 29,000 terminals to Ukraine. Teslarati also covered Kyiv’s search for Starlink alternatives in 2025, and the latest dispute gives that search new urgency.
Investor's Corner
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.
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.
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.
Elon Musk
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.
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.
.@POTUS: We told Zelensky, ‘You can do whatever you want to Russia, but don’t hit the refineries because that’s a world problem.’ And what does he do? He goes and hits the diesel fuel. He better damn well stop. https://t.co/CdRlMcPlKr
— Rapid Response 47 (@RapidResponse47) October 10, 2026
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.
Hey, @elonmusk, big man, are you playing politics with your products again?
As your European customers, we are watching you.— Radosław Sikorski 🇵🇱🇪🇺 (@sikorskiradek) October 14, 2026
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.
Elon Musk breaks his silence on the Starlink impact to Ukraine drones
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Ukraine says Starlink is cutting out its military drones as Poland calls out Elon Musk
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