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.
Cybertruck
Tesla set to activate long-awaited Cybertruck feature
Tesla will officially activate the Active Noise Cancellation (ANC) feature on Cybertruck soon, as the company has officially added the feature to its list of features by trim on its website.
Tesla is set to activate a long-awaited Cybertruck feature, and no matter when you bought your all-electric pickup, it has the hardware capable of achieving what it is designed to do.
Tesla simply has to flip the switch, and it plans to do so in the near future.
Tesla will officially activate the Active Noise Cancellation (ANC) feature on Cybertruck soon, according to Not a Tesla App, as the company has officially added the feature to its list of features by trim on its website.
Tesla rolls out Active Road Noise Reduction for new Model S and Model X
The ANC feature suddenly appeared on the spec sheet for the Premium All-Wheel-Drive and Cyberbeast trims, which are the two configurations that have been delivered since November 2023.
However, those trims have both had the ANC disabled, and although they are found in the Model S and Model X, and are active in those vehicles, Tesla is planning to activate them.
In Tesla’s Service Toolbox, it wrote:
“ANC software is not enabled on Cybertruck even though the hardware is installed.”
Tesla has utilized an ANC system in the Model S and Model X since 2021. The system uses microphones embedded in the front seat headrests to detect low-frequency road noise entering the cabin. It then generates anti-noise through phase-inverted sound waves to cancel out or reduce that noise, creating quieter zones, particularly around the vehicle’s front occupants.
The Model S and Model X utilize six microphones to achieve this noise cancellation, while the Cybertruck has just four.
Tesla Cybertruck Dual Motor AWD estimated delivery slips to early fall 2026
As previously mentioned, this will be activated through a software update, as the hardware is already available within Cybertruck and can simply be activated at Tesla’s leisure.
The delays in activating the system are likely due to Tesla Cybertruck’s unique design, which is unlike anything before. In the Model S and Model X, Tesla did not have to do too much, but the Cybertruck has heavier all-terrain tires and potentially issues from the aluminum castings that make up the vehicle’s chassis, which are probably presenting some challenges.
Unfortunately, this feature will not be available on the new Dual Motor All-Wheel-Drive configuration, which was released last week.
News
Tesla Model S and X customization options begin to thin as their closure nears
Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.
Tesla Model S and Model X customization options are beginning to thin for the first time as the closure of the two “sentimental” vehicles nears.
We are officially seeing the first options disappear as Tesla begins to work toward ending production of the two cars and the options that are available to those vehicles specifically.
Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.
🚨 Tesla Model S and Model X availability is thinning, as Tesla has officially shown that the Lunar Silver color option on both vehicles is officially sold out
To be fair, Frost Blue is still available so no need to freak out pic.twitter.com/YnwsDbsFOv
— TESLARATI (@Teslarati) February 25, 2026
Tesla is making way for the Optimus humanoid robot project at the Fremont Factory, where the Model S and Model X are produced. The two cars are low-volume models and do not contribute more than a few percent to Tesla’s yearly delivery figures.
With CEO Elon Musk confirming that the Model S and Model X would officially be phased out at the end of the quarter, some of the options are being thinned out.
This is an expected move considering Tesla’s plans for the two vehicles, as it will make for an easier process of transitioning that portion of the Fremont plant to cater to Optimus manufacturing. Additionally, this is likely one of the least popular colors, and Tesla is choosing to only keep around what it is seeing routine demand for.
During the Q4 Earnings Call in January, Musk confirmed the end of the Model S and Model X:
“It is time to bring the Model S and Model X programs to an end with an honorable discharge. It is time to bring the S/X programs to an end. It’s part of our overall shift to an autonomous future.”
Fremont will now build one million Optimus units per year as production is ramped.
News
Tesla Cybertruck Dual Motor AWD estimated delivery slips to early fall 2026
Tesla has also added a note on the Cybertruck design page stating that the vehicle’s price will increase after February 28.
Tesla’s estimated delivery window for new Cybertruck Dual Motor All-Wheel Drive (AWD) orders in the United States has shifted to September–October 2026. This suggests that the vehicle’s sub-$60,000 variant is now effectively sold out until then.
The updated timeline was highlighted in a post on X by Tesla watcher Sawyer Merritt, who noted that the estimated delivery window had moved from June 2026 to September-October 2026, “presumably due to strong demand.”
The Dual Motor AWD currently starts at $59,990 before incentives. Tesla has also added a note on the Cybertruck design page stating that the vehicle’s price will increase after February 28.
If demand remains steady, the combination of a later delivery window and a pending price increase suggests Tesla is seeing sustained interest in the newly-introduced Cybertruck configuration. This was highlighted by Elon Musk on X, when he noted that the Cybertruck Dual Motor AWD’s introductory price will only be available for a limited time.
When the Cybertruck was first unveiled in November 2019, Tesla listed the Dual Motor AWD variant at $49,990. Adjusted for inflation, that figure equates to roughly $63,000 in 2026 dollars, based on cumulative U.S. inflation since 2019.
That context makes a potential post-February price in the $64,000 to $65,000 range less surprising, especially as material, labor, and manufacturing costs have shifted significantly over the past several years.
While Tesla has not announced a specific new MSRP, the updated delivery timeline and pricing note together suggest that the Cybertruck Dual Motor AWD could very well be the variant that takes the all-electric full-sized pickup truck to more widespread adoption.
Tesla set to activate long-awaited Cybertruck feature
Tesla Model S and X customization options begin to thin as their closure nears
