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.
News
Starlink launches Communities Program for passive income through internet sharing
Starlink is launching a new beta path for ordinary property owners and local operators to turn a single Starlink kit into a small shared-access business for passive income.
Under the Starlink for Communities program, a host installs one dish and router setup in a location with nearby demand: an apartment complex, campground, rural crossroads, or event site. Neighbors or local users can buy short-term passes rather than full individual subscriptions, giving the Starlink provider a potential path to passive income.
Hour, day, and week passes cover one device. A month pass covers up to four. Starlink handles account creation, payments, access controls, and the satellite link itself. The host’s role is mainly placement, power, and basic upkeep, with earnings tied to each paid connection.
Big news! SpaceX is introducing a new @Starlink for Communities program that lets you earn money by providing Starlink internet to your neighbors or people nearby, who can pay for access by the hour, day, week, or month.
Neighbors pay for the access they need, while the person… pic.twitter.com/DtOUs0Ekvt
— Sawyer Merritt (@SawyerMerritt) October 1, 2026
The model echoes the passive-income vision long attached to Tesla’s Robotaxi plans, and it seems like it’s something Musk has hinted toward in the past as he believes AI will make the need to work relatively optional. In both cases, the platform owns the hard parts of matching, billing, and network management, while an individual supplies a physical asset that sits idle much of the time.
A Starlink host’s dish can serve multiple nearby users without each household buying and installing its own terminal. A Tesla owner, under the stated Robotaxi concept, would leave a vehicle enrolled in the fleet during unused hours so the car generates rides while the owner is at work or asleep.
Both arrangements convert under-utilized hardware into a revenue stream. They also let the company scale coverage or capacity without owning every endpoint.
Differences are practical. A Starlink kit is a fixed, relatively low-cost terminal whose main constraint is local congestion and line-of-sight. A Tesla Robotaxi is a mobile, high-value vehicle whose earnings depend on demand density, utilization rates, insurance, cleaning, and charging.
Starlink’s program is already accepting host applications in multiple countries and describes the revenue split as ongoing. Tesla’s owner-network version remains more aspirational.
The company currently operates a limited company-controlled robotaxi service in select areas and has solicited interest from fleet buyers for Cybercab vehicles, while private Full Self-Driving owners have not yet been able to dispatch their own cars for paid rides at scale.
Tesla primes Cybercabs for 4K streaming and high bandwidth gaming with Starlink integration
Starlink is a satellite broadband service operated by SpaceX that uses a constellation of low-Earth-orbit satellites to deliver internet to locations where terrestrial broadband is slow, expensive, or absent. It has grown to millions of subscribers worldwide by selling direct residential, mobile, and enterprise terminals, and have become widely available at a wide array at retail locations like Target and Best Buy.
The Communities program extends that reach by letting hosts resell short bursts of capacity to people nearby, while also providing high-speed internet access to those who are simply around a Starlink user.
News
Tesla just made its headlights even better through a software update
Tesla just upgraded its headlights through a software update, making them even better without any physical or hardware upgrade.
Tesla’s latest software update is quietly improving nighttime driving for a small number of owners. Version 2026.38 includes a new capability called Dynamic Headlight Leveling.
The feature automatically adjusts the aim of the low beams in response to driving conditions and nearby traffic, with the goal of giving the driver more usable light on the road while reducing glare for oncoming vehicles and traffic ahead.
2026.38 just dropped.
Model 3 gets Dynamic Headlight Leveling — low beams auto-aim around traffic for max visibility, less glare. Model 3 / Y (AMD HW3) also pick up sharper Tesla visuals + an enhanced park scene on the center display.
Legacy Intel cars get Supercharger Site… pic.twitter.com/45ac4AH6Vs
— Frunk To Trunk (@FrunkToTrunk) September 30, 2026
Unlike Tesla’s matrix high-beam system, which selectively dims individual LED segments to create shadows around other cars, Dynamic Headlight Leveling physically tilts the low-beam projectors. Internal motors respond to changes in vehicle pitch.
When the car accelerates hard, climbs a steep grade, or carries extra weight in the rear, the headlights can otherwise point higher than intended. The software counters that movement in real time so the beam stays aimed at the road surface rather than into the eyes of other drivers.
Early indications reveal the update is reaching a limited set of vehicles, including certain Model 3 and Cybertruck examples in the United States and the United Arab Emirates. The rollout does not appear tied to a single hardware revision, and Tesla has not published a broader schedule. It is simply a common waiting game until your car receives it.
The change arrives against a backdrop of wider complaints about headlight glare. Some earlier Model 3 and Model Y vehicles were the subject of an NHTSA recall related to excessive low-beam glare; the software adjustment offers a potential mitigation for cars equipped with the necessary leveling hardware. It does not replace adaptive high beams where those are already available, nor does it alter the basic low-beam pattern itself.
Instead, it keeps an existing beam pointed where it is most useful.
For drivers who have received the update, the system requires no new settings or user input. The headlights simply respond as road conditions and traffic change. As the feature reaches more vehicles, it adds another example of Tesla using over-the-air software to refine existing hardware rather than waiting for a new model year. Nighttime visibility and reduced glare for others are the practical results owners are expected to notice first.
Lifestyle
Tesla teases “Halloween Mode” update with Optimus rising from a graveyard
Tesla’s Halloween teaser hides a covered vehicle and an Optimus hand rising from the ground.
Tesla has started teasing a Halloween software update for its vehicles, with a short clip on X that reads, “Halloween is coming.” The clip opens on a glowing pumpkin before pulling back to the car’s center touchscreen, where the usual parked visualization has been replaced by a graveyard scene, and the vehicle draped with a white sheet so it reads as a cartoon ghost.
Halloween is coming pic.twitter.com/lM3ASUeOqX
— Tesla (@Tesla) October 1, 2026
The second detail is a robotic hand clawing its way out of the dirt like a zombie, which looks to be the hand of Tesla’s latest Optimus V3 humanoid robot. While Tesla still has not formally shown Optimus Gen 3 walking around in service, renders pulled from Tesla’s Android app last month gave the clearest look yet, including far more refined hands that Tesla has said carry 22 degrees of freedom. The hand has been the hardest part of the program. Musk has called it the majority of the robot’s engineering difficulty, and Tesla’s patents describe a design driven by tendons with the actuators moved into the forearm.
Tesla Optimus V3 hand and arm details revealed in new patents
Optimus also has a Halloween track record. Last October the robot handed out candy in Times Square, and a costumed “zombie” Optimus shuffled around the Tesla Diner in Los Angeles on Halloween night.
On the software side, Tesla’s 2025 Holiday Update expanded Santa Mode with a Santa sleigh, snowmen, snow effects, and a festive lock chime, so it wouldn’t be too far fetched if we saw something similar but themed for a Halloween Mode.