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
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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.”
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.”
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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.
News
SpaceX just launched a secret payload from California
SpaceX launched a classified Space Force mission from Vandenberg, revealing almost nothing about its payload.
SpaceX launched a classified Falcon 9 mission for the U.S. Space Force from Vandenberg Space Force Base on Saturday night, and the government released almost nothing about what was on board. The mission, designated USSF-366, lifted off from Space Launch Complex 4E with a window that opened at 9:52 p.m. ET and ran into the early hours of Sunday, according to SpaceX’s own mission page, which described the payload only as classified. SpaceX confirmed the launch on its X account and pointed viewers to a livestream that began roughly ten minutes before liftoff.
Watch Falcon 9 launch the USSF-366 mission from pad 4E in California https://t.co/FFEzeYOds1
— SpaceX (@SpaceX) August 16, 2026
The lack of detail did not stop analysts from filling in the blanks. Independent tracking of the rocket’s stage drop zones matched the pattern SpaceX has used on previous Starlink Group 15 missions, according to reporting from Outer Space Today, which pointed to Starshield as the likely payload rather than a one off government satellite. Starshield is SpaceX’s national security product, a version of the Starlink satellite bus built to Pentagon specifications for earth observation, communications and hosted payloads. Unlike consumer Starlink, government agencies do not have to disclose what Starshield satellites are actually doing once they reach orbit.
USSF-366 is the latest entry in a steady flow of classified and semi classified work between SpaceX and the Space Force. The company picked up a $178.5 million task order in April to launch missile tracking satellites for the Space Development Agency, as Teslarati reported at the time, and followed that in July with a $1.6 billion award covering 18 more Falcon 9 missions from Vandenberg through the end of 2027, also detailed by Teslarati. Add those contracts up and SpaceX’s Pentagon business for 2026 alone tops $8 billion.
SpaceX scores another massive Pentagon deal to support military satellites
The Falcon 9 that flew Saturday landed back near the launch site, producing the sonic booms that have become routine for residents near Vandenberg. What is less routine is how little the public will likely ever learn about what the rocket carried. SpaceX and the Space Force have not confirmed the Starshield connection, and government satellite programs built on commercial buses rarely get identified beyond a mission number and a general orbit. For a company that live streams almost everything else it does, from Starship test flights to Optimus robot demos, USSF-366 is a reminder that some of SpaceX’s busiest work now happens entirely out of public view.
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On Friday, Tesla launched the Outlet Adapter that enabled Vehicle-to-Load (V2L) energy transfer, meaning owners could essentially utilize their cars as a power source for things like laptops, electric grills, or string lights.
However, even owners of some of the newest builds of the Model Y are finding out that their cars are not compatible with the new $80 accessory, stirring up a new complaint among members of the community.
Tesla launches V2L Outlet Adapter for Premium Model Y in the U.S.
Upon the release of the Outlet Adapter on Friday, I signed into my Tesla account to order the accessory. However, I was met with the dreaded “This product is not compatible with your 2026 Model Y” message at the bottom of the screen.
Some said their accounts also displayed the same message, but they ordered anyway. However, they might be surprised to find that this is no mistake; some of the newest Model Ys do not have the appropriate Power Conversion System (PCS). Mine, which was ordered on this day last year and delivered on August 31, has the old 48A, single-phase PCS.
Vehicles with the new, two-piece PCS are able to utilize V2L features on their cars:
🚨 Looks like you can hit the Parts Catalog and enter your VIN and check to see if your Model Y will be able to use the adapter for V2L.https://t.co/QA9zRk7n2k
h/t to @SawyerMerritt for finding this out.
-I am sad but this isn’t a huge loss. https://t.co/AYpI12QVV9 pic.twitter.com/LRFSrtRywo
— TESLARATI (@Teslarati) August 16, 2026
Obviously, it’s disappointing. Many owners have taken delivery this year and still can not utilize the Outlet Adapter because their cars feature the old PCS:
Took delivery in February of 2026. I have the older one, so not going to work for me pic.twitter.com/RcOVq8gvvT
— Russell (@QuietTesla) August 16, 2026
It looks like if you have one of these older PCS units, you can upgrade, but the parts alone are $1,750, and that’s before Tesla adds labor for installing. It is honestly more logical to get some kind of portable power supply or power station at that point.
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It is great that Tesla has enabled V2L for Model Y vehicles, but it is also unfortunate that vehicles that are less than one year old are not able to take advantage of this awesome new feature.
With that being said, it truly is a first-world problem; can you really complain when Full Self-Driving is available, maintenance is incredibly inexpensive, and the car has been so good through a year of ownership?
Tesla has launched a new Vehicle-to-Load (V2L) Outlet Adapter for Premium Model Y vehicles in the United States, meaning you can now power devices like laptops or light strings with your vehicle’s battery.
It appears the capability will be available for any Model Y Premium trim, including those that were purchased prior to the Adapter being launched. It will also only impact Juniper Model Y vehicles, so the first-gen owners will unfortunately not have access to this capability.
If your Model Y was purchased before Tesla renamed the trim levels to “Premium” and “Standard,” it does not seem to be compatible. My Model Y is technically a Premium build, as it is the Long Range All-Wheel-Drive. However, Tesla says it is not compatible with my vehicle.
🚨 Tesla has launched the Outlet Adapter for Model Y Premium in the U.S., enabling V2L capability for all Premium trims (that’s what it appears to be as it is available for purchase with all Premium trims)
It’s available for $80. 2.4kW max power and rated for 120v, 20A pic.twitter.com/lDxlVIk5s8
— TESLARATI (@Teslarati) August 14, 2026
For $80, you can now utilize your car as a portable charger for small appliances or devices. This is perfect for things like tailgates, concerts, or camping, as you can now plug in devices that you might use. Those string lights for camping? That laptop for the other games that are on at the tailgate?
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They’ll both utilize energy from your Tesla’s battery to be powered. This is the first time Tesla has expanded the capability to vehicles outside of the Model Y Performance and Cybertruck. However, this feature has been highly requested by owners for an extended period of time.
Tesla launched the Outlet Adapter in China last year:
Tesla China rolls out Model Y L V2L adapter, and it’s free for early owners
You will need the Mobile Connector to operate the Outlet Adapter: the Outlet Adapter will plug into the main housing of the Mobile Connector, where the appropriate adapter to charge your vehicle will plug in.
It is rated for 120 volts and 20 amps, and has a max power rating of 2.4kW.
You can buy it here from Tesla for $80.
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SpaceX just launched a secret payload from California
Tesla V2L adapter for Model Y stirs up a new complaint among owners
