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.
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SpaceX’s triple-rocket that launched a Tesla into space is back on a mission
SpaceX Falcon Heavy returns after 18 months away to deliver a satellite that only it could carry.
After an 18-month absence, SpaceX’s Falcon Heavy is returning to mission on Monday morning when it’s scheduled to lift off from Launch Complex 39A at Kennedy Space Center at 10:21 a.m. EDT.
The mission is called ViaSat-3 F3, and the heavy satellite payload needs to reach geostationary orbit, sitting 22,236 miles above Earth where its speed matches the planet’s rotation. Getting a satellite that heavy to that altitude demands more thrust than a single-core Falcon 9 can deliver.
This marks the Falcon Heavy’s 12th flight overall since its debut in February 2018, and its first since NASA’s Europa Clipper mission in October 2024.
Arguably, the most exciting element for spectators will be watching the booster recoveries in action when the two side boosters, B1072 and B1075, will attempt simultaneous landings at Landing Zone 2 and the newer Landing Zone 40 at Cape Canaveral Space Force Station, while the center core will be expended over the ocean.
SpaceX wins its first MARS contract but it comes with a catch
Following satellite deployment, expected roughly five hours after launch, ViaSat-3 F3 will spend several months traveling to its final orbital slot before undergoing in-orbit testing, with service entry expected by late summer 2026
As Teslarati reported, NASA awarded SpaceX a $175.7 million contract on April 16, 2026 to launch the ESA Rosalind Franklin Mars rover aboard a Falcon Heavy no earlier than late 2028, which would mark the first time SpaceX has ever sent a payload to Mars. That contract came on top of an already deep pipeline that includes the Roman Space Telescope, the Dragonfly Saturn mission, and multiple national security payloads.
SpaceX executed 165 missions in 2025 and now accounts for approximately 85% of all global orbital launches. With Starlink surpassing 10 million subscribers and an IPO targeting a $1.75 trillion valuation still ahead, Monday’s launch is one more data point in a company that has quietly become the backbone of both commercial and government space access worldwide.
Tesla is launching its solution to end Supercharger fights once and for all, eliminating any confusion on who is to charge next at a congested location.
Last year, a notable incident at a Tesla Supercharger led to a fight, and it all stemmed from a disagreement over who arrived at the location first.
Congestion at Tesla Superchargers is a pretty infrequent occurrence for most of us, but there are more congested and popular areas where wait times can be extensive. An unfortunate growing pain of EV ownership is the plain fact that chargers are not as available as gas pumps, and there are, at times, lines to charge.
This can cause tensions to flare and people to get entitled when visiting Superchargers. Nobody wants to spend hours at a Supercharger, but now, there will be no more confusion when there is a queue, and that’s thanks to Tesla’s new Virtual Queue for Superchargers.
Tesla is finally starting to build out the Virtual Supercharger Queue, according to Not a Tesla App, but it still relies on drivers to make it work.
When a driver is near a Supercharger that is full, a message will pop up on the Tesla App, using the driver’s location to determine their eligibility to join the virtual queue.
The app states:
“While the app is closed, Tesla uses your location to notify you of accurate wait times at Superchargers when you arrive.”
Another message within the app states:
“There is a waitlist to charge. Are you sure you want to start a charging session now?”
This sounds as if it will require drivers to act appropriately and only plug in when the app prompts them to do so, by letting them know it is their turn.
The app will notify the driver of their position in the queue, as well as how many vehicles are ahead of them.
Tesla launches first ‘true’ East Coast V4 Supercharger: here’s what that means
The company announced a while back that it would be working on a solution for this issue. Personally, I’ve only had to wait at a Supercharger for a charge on one occasion, and there was a line of between 3 and 10 cars during this singular occurrence.
I’m out at the Lancaster, PA Supercharger and showed up with a queue of three vehicles.
It’s now up to five and there have been several issues with order of arrival and confusion about who is first.
Any update on Supercharger queue? @elonmusk @aelluswamy @r_jegaa
— TESLARATI (@Teslarati) January 31, 2026
There were no conflicts or arguments about who had arrived first, but there was some discussion between several drivers during my time there about who was to charge first. Throw a non-Tesla EV into the mix, one that can only charge at a pull-in spot, and that causes even more of a complication.
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Tesla offers awesome Free Supercharging incentive on an unexpected vehicle
In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.
Tesla is offering an awesome new Free Supercharging incentive on a vehicle that is sort of unexpected.
In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.
Tesla North America has introduced a compelling new incentive aimed at boosting Model 3 sales. Starting with orders placed on or after April 24, buyers of the Model 3 Premium (Long Range) and Performance variants in the United States will receive one full year of complimentary Supercharging.
The offer applies exclusively to new vehicle orders and does not extend to existing owners or other trims like the base Rear-Wheel Drive model.
New orders of Model 3 Premium & Performance now come with 1 year of free Supercharging 🇺🇸
Also, all Teslas pay the lowest Supercharging rates – all others pay a ~40% premium or need a subscription
— Tesla North America (@tesla_na) April 24, 2026
The announcement underscores Tesla’s continued dominance in EV charging infrastructure.
While the incentive provides 12 months of zero-cost access to the Supercharger network, Tesla also reiterated its pricing structure: all Tesla vehicles receive the lowest Supercharging rates.
Non-Tesla EVs, by contrast, pay approximately 40 percent more per kWh or must purchase a subscription to access the network at standard rates. This tiered approach highlights the strategic value of owning a Tesla, where seamless integration with the world’s largest and most reliable fast-charging network remains a key differentiator.
For prospective buyers, the savings can be substantial. Depending on driving habits, a typical Model 3 owner might log 12,000–15,000 miles annually.
With average Supercharging costs around $0.40–$0.50 per kWh, one year of free sessions could translate to $800–$1,200 in avoided expenses.
That effectively lowers the total cost of ownership and makes long-distance travel more affordable from day one. Early delivery customers have already noted similar past incentives, with one Cybertruck owner reporting over $2,400 saved in just six months under similar offers that Tesla has deployed in the past.
The timing of the offer appears strategic. Tesla faces growing competition from other automakers expanding their own charging networks and offering aggressive EV incentives.
By bundling free Supercharging rather than discounting the vehicle’s MSRP, Tesla preserves perceived value while directly addressing one of the biggest barriers for new EV adopters: charging costs and convenience.
The move also encourages higher-mileage use of the network, generating valuable real-world data for Tesla’s autonomous driving development.
Why Tesla would apply this incentive to the Model 3 is pretty interesting. It usually is a pretty good incentive to move units out the door, so there’s some speculation whether Tesla is planning to launch new upgrades to the mass-market sedan in the coming months, and the company wants to move what will be outdated units from its inventory.
However, there is also just the idea that Tesla could be attempting to stimulate some early quarter demand for the Model 3, especially as the Model Y continues to sell very well. Tesla’s loss of the $7,500 EV tax credit last year had an impact on sales, and Tesla might be testing some formidable options to see if it can add some demand once again.
SpaceX’s triple-rocket that launched a Tesla into space is back on a mission
The FCC just said ‘No’ to SpaceX for now
