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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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Tesla adds new feature that will be great for crowded parking situations

This is the most recent iteration of the app and was priming owners for the slowly-released Holiday Update.

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Credit: Grok

Tesla has added a new feature that will be great for crowded parking lots, congested parking garages, or other confusing times when you cannot seem to pinpoint where your car went.

Tesla has added a new Vehicle Locator feature to the Tesla App with App Update v4.51.5.

This is the most recent iteration of the app and was priming owners for the slowly-released Holiday Update.

While there are several new features, which we will reveal later in this article, perhaps one of the coolest is that of the Vehicle Locator, which will now point you in the direction of your car using a directional arrow on the home screen. This is similar to what Apple uses to find devices:

In real time, the arrow gives an accurate depiction of which direction you should walk in to find your car. This seems extremely helpful in large parking lots or unfamiliar shopping centers.

Getting to your car after a sporting event is an event all in itself; this feature will undoubtedly help with it:

Tesla’s previous app versions revealed the address at which you could locate your car, which was great if you parked on the street in a city setting. It was also possible to use the map within the app to locate your car.

However, this new feature gives a more definitive location for your car and helps with the navigation to it, instead of potentially walking randomly.

It also reveals the distance you are from your car, which is a big plus.

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Along with this new addition, Tesla added Photobooth features, Dog Mode Live Activity, Custom Wraps and Tints for Colorizer, and Dashcam Clip details.

All in all, this App update was pretty robust.

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Tesla CEO Elon Musk shades Waymo: ‘Never really had a chance’

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Credit: Tesla

Tesla CEO Elon Musk shaded Waymo in a post on X on Wednesday, stating the company “never really had a chance” and that it “will be obvious in hindsight.”

Tesla and Waymo are the two primary contributors to the self-driving efforts in the United States, with both operating driverless ride-hailing services in the country. Tesla does have a Safety Monitor present in its vehicles in Austin, Texas, and someone in the driver’s seat in its Bay Area operation.

Musk says the Austin operation will be completely void of any Safety Monitors by the end of the year.

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With the two companies being the main members of the driverless movement in the U.S., there is certainly a rivalry. The two have sparred back and forth with their geofences, or service areas, in both Austin and the Bay Area.

While that is a metric for comparison now, ultimately, it will not matter in the coming years, as the two companies will likely operate in a similar fashion.

Waymo has geared its business toward larger cities, and Tesla has said that its self-driving efforts will expand to every single one of its vehicles in any location globally. This is where the true difference between the two lies, along with the fact that Tesla uses its own vehicles, while Waymo has several models in its lineup from different manufacturers.

The two also have different ideas on how to solve self-driving, as Tesla uses a vision-only approach. Waymo relies on several things, including LiDAR, which Musk once called “a fool’s errand.”

This is where Tesla sets itself apart from the competition, and Musk highlighted the company’s position against Waymo.

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Jeff Dean, the Chief Scientist for Google DeepMind, said on X:

“I don’t think Tesla has anywhere near the volume of rider-only autonomous miles that Waymo has (96M for Waymo, as of today). The safety data is quite compelling for Waymo, as well.”

Musk replied:

“Waymo never really had a chance against Tesla. This will be obvious in hindsight.”

Tesla stands to have a much larger fleet of vehicles in the coming years if it chooses to activate Robotaxi services with all passenger vehicles. A simple Over-the-Air update will activate this capability, while Waymo would likely be confined to the vehicles it commissions as Robotaxis.

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Tesla AI5 project begins to move forward

According to a new report from Sedaily, Samsung is accelerating its preparation for U.S. production of the AI5 chips by hiring veteran engineers for its Customer Engineering team.

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Credit: Tesla

Tesla supplier Samsung is preparing to manufacture the AI5 chip, which will launch the company’s self-driving efforts even further, with its latest move.

According to a new report from Sedaily, Samsung is accelerating its preparation for U.S. production of the AI5 chips by hiring veteran engineers for its Customer Engineering team, which will help resolve complex foundry challenges, stabilize production and yields, and ensure manufacturing goes smoothly for the new project.

The hiring push signals that Tesla’s AI5 project is moving forward quickly at Samsung, which was one of two suppliers to win a contract order from the world’s leading EV maker.

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TSMC is the other. TSMC is using its 3nm process, reportedly, while Samsung will do a 2nm as a litmus test for the process.

The different versions are due to the fact that “they translate designs to physical form differently,” CEO Elon Musk said recently. The goal is for the two to operate identically, obviously, which is a challenge.

Some might remember Apple’s A9 “Chipgate” saga, which found that the chips differed in performance because of different manufacturers.

The AI5 chip is Tesla’s next-generation hardware chip for its self-driving program, but it will also contribute to the Optimus program and other AI-driven features in both vehicles and other projects. Currently, Tesla utilizes AI4, formerly known as HW4 or Hardware 4, in its vehicles.

Tesla teases new AI5 chip that will revolutionize self-driving

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AI5 is specialized for use by Tesla as it will work in conjunction with the company’s Neural Networks, focusing on real-time inference to make safe and logical decisions during operation.

Musk said it was an “amazing design” and an “immense jump” from Tesla’s current AI4 chip. It will be roughly 40 times faster, and have 8 times the raw compute, with 9 times the memory capacity. It is also expected to be three times as efficient per watt as AI4.

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AI5 will make its way into “maybe a small number of units” next year, Musk confirmed. However, it will not make its way to high-volume production until 2027. AI5 is not the last step, either, as Musk has already confirmed AI6 would likely enter production in mid-2028.

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