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
Tesla hiring for Commercial Charging role hints at Semi push in Europe
The job opening was highlighted by David Forer, Senior Project Developer for Charging at Tesla, on LinkedIn.
Tesla appears to be expanding its Commercial Charging efforts in Central Europe. The job opening was highlighted by David Forer, Senior Project Developer for Charging at Tesla, on LinkedIn.
In a post on LinkedIn, Forer stated that Tesla is looking for a “high-energy executer to own Commercial Charging Sales in Central Europe.” He added that the role will involve closing commercial deals across Tesla’s “entire product range (Supercharging & Megacharging).”
The job listing specifies that the hire will lead the sale of Tesla’s high-power charging products, including Supercharger and Heavy Duty Charging, to major partners such as charge point operators, real estate owners, and retail companies. The role requires fluency in German and English and is based onsite in Munich.
Tesla already operates more than 75,000 Superchargers globally, though the Semi’s Megacharger network is still in its early stages. The inclusion of Heavy Duty Charging in the job description is notable, then, as it aligns with Tesla’s Megacharger infrastructure, which is designed to support the Tesla Semi.
Tesla CEO Elon Musk recently confirmed that the Tesla Semi is moving into high-volume production this 2026. In a post on X, Musk noted that “Tesla Semi starts high volume production this year.”
Aerial footage of the Tesla Semi Factory near Giga Nevada also shows that the facility looks nearly complete, with work now underway inside the facility.
Tesla has also refreshed the Semi lineup on its official website, listing two variants: Standard and Long Range. The Standard trim offers up to 325 miles of range with an energy consumption rating of 1.7 kWh per mile, while the Long Range version provides up to 500 miles.
Both variants support fast charging and can recover up to 60% of range in 30 minutes using compatible infrastructure such as the Megacharger Network.
The presence of Heavy Duty Charging in a Central Europe-focused sales role could indicate that Tesla is preparing charging infrastructure ahead of wider Semi deployment in the region. While Tesla has not formally announced a European launch timeline for the Semi, the vehicle, particularly its range, makes it an ideal fit for the area.
Elon Musk
Tesla Full Self-Driving set to get an awesome new feature, Elon Musk says
Tesla Full Self-Driving is set to get an awesome new feature in the near future, CEO Elon Musk confirmed on X.
Full Self-Driving is the company’s semi-autonomous driving program, which is among the best available to the general public. It still relies on the driver to ultimately remain in control and pay attention, but it truly does make traveling less stressful and easier.
However, Tesla still continuously refines the software through Over-the-Air updates, which are meant to resolve shortcomings in the performance of the FSD suite. Generally, Tesla does a great job of this, but some updates are definitely regressions, at least with some of the features.
Tesla Cybertruck owner credits FSD for saving life after freeway medical emergency
Tesla and Musk are always trying to improve the suite’s performance by fixing features that are presently available, but they also try to add new things that would be beneficial to owners. One of those things, which is coming soon, is giving the driver the ability to prompt FSD with voice demands.
For example, asking the car to park close to the front door of your destination, or further away in an empty portion of the parking lot, would be an extremely beneficial feature. Adjusting navigation is possible through Grok integration, but it is not always effective.
Musk confirmed that voice prompts for FSD would be possible:
Coming
— Elon Musk (@elonmusk) February 21, 2026
Tesla Full Self-Driving is a really great thing, but it definitely has its shortcomings. Navigation is among the biggest complaints that owners have, and it is easily my biggest frustration with using it. Some of the routes it chooses to take are truly mind-boggling.
Another thing it has had issues with is being situated in the correct lane at confusing intersections or even managing to properly navigate through local traffic signs. For example, in Pennsylvania, there are a lot of stop signs with “Except Right Turn” signs directly under.
This gives those turning right at a stop sign the opportunity to travel through it. FSD has had issues with this on several occasions.
Parking preferences would be highly beneficial and something that could be resolved with this voice prompt program. Grocery stores are full of carts not taken back by customers, and many people choose to park far away. Advising FSD of this preference would be a great advantage to owners.
Cybertruck
Elon Musk clarifies Tesla Cybertruck ’10 day’ comment, fans respond
Some are arguing that the decision to confirm a price hike in ten days is sort of counterproductive, especially considering it is based on demand. Giving consumers a timeline of just ten days to make a big purchase like a pickup truck for $60,000, and basically stating the price will go up, will only push people to make a reservation.
Elon Musk has clarified what he meant by his comment on X yesterday that seemed to indicate that Tesla would either do away with the new All-Wheel-Drive configuration of the Cybertruck or adjust the price.
The response was cryptic as nobody truly knew what Musk’s plans were for the newest Tesla Cybertruck trim level. We now have that answer, and fans of the company are responding in a polarizing fashion.
On Thursday night, Tesla launched the Cybertruck All-Wheel-Drive, priced competitively at $59,990. It was a vast improvement from the Rear-Wheel-Drive configuration Tesla launched last year at a similar price point, which was eventually cancelled just a few months later due to low demand.
Tesla launches new Cybertruck trim with more features than ever for a low price
However, Musk said early on Friday, “just for 10 days,” the truck would either be available or priced at $59,990. We can now confirm Tesla will adjust the price based on more recent comments from the CEO.
Musk said the price will fluctuate, but it “depends on how much demand we see at this price level.”
Depends on how much demand we see at this price level
— Elon Musk (@elonmusk) February 20, 2026
Some are defending the decision, stating that it is simply logical to see how the Cybertruck sells at this price and adjust accordingly.
Case 1: You don’t like it -> don’t buy it
Case 2 (me): You like it, it’s fits your situation and needs -> you buy it.
Case 3: Complain endlessly for no reason, you weren’t going to get one anyway, but you want people to know you’re mad, for some reason.
Silly netizens.— Ryan Scanlan 👥 (@Xenius) February 21, 2026
Others, not so much.
Alright I’m obviously not the one successful enough to be calling the shots at Tesla and worth almost a trillion dollars
But people were excited about the awesome Cybertruck news and then it got taken away, that’s why people are annoyed. The wording felt more like a threat.… pic.twitter.com/NWVNklcXoJ— Dirty Tesla (@DirtyTesLa) February 21, 2026
No but fr wtf you doing dude???????
— Greggertruck (@greggertruck) February 20, 2026
It’s how it was communicated.
If it had been stated clearly on the website for everyone to see, everyone would be fine.
— KiTT_2020 (@kitt_2020) February 20, 2026
Some are arguing that the decision to confirm a price hike in ten days is sort of counterproductive, especially considering it is based on demand. Giving consumers a timeline of just ten days to make a big purchase like a pickup truck for $60,000, and basically stating the price will go up, will only push people to make a reservation.
Demand will look strong because people want to lock in this price. The price will inevitably go up, and demand for the trim will likely fall a bit because of the increased cost.
Many are arguing Musk should have kept this detail internal, but transparency is a good policy to have. It is a polarizing move to confirm a price increase in just a week-and-a-half, but the community is obviously split on how to feel.