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.
Investor's Corner
Elon Musk drops a Thanksgiving hint about Starship’s biggest test yet
Elon Musk says Starship Flight 15 will try to catch the ship itself, a first.
Elon Musk says SpaceX’s next Starship flight will try something nobody has done before, by catching the ship itself. Speaking to roughly 2,000 people at the X Takeover event at Giga Texas on Saturday, Musk said Flight 15 is about four to six weeks away and “probably launches a little bit before Thanksgiving, is my guess.”
That is a slip from earlier reporting, which had pointed to a launch as early as October 19. Musk explained why the date keeps moving. “We’re making a bunch of improvements to the rocket between every flight,” he said, adding that there are often hundreds, sometimes thousands, of small changes. This time the list is short, “but some of them take a fair bit of work and we’ve got to go inside the tank to make some of these changes.”
“We’re going to try to catch the ship, which is a super big deal,” Musk said. “If we do so, that’ll be the first time that there’s been full recovery of an orbital class rocket.” SpaceX has already caught the Super Heavy booster with the tower’s mechanical arms, and has talked about catching the ship since late 2025, but the upper stage has never been caught.
Musk also laid out what comes after. “The next big milestone would be to refly both the booster and the ship,” he said, describing a Flight 16 where “all parts of an orbital rocket are reflown.”
The reason SpaceX wants this comes down to cost and cadence. Every Starship ship so far has ended its flight in the ocean, and SpaceX expects most of those water landings to end in fireballs. A ship that returns to Starbase intact can be inspected and flown again. SpaceX’s IPO filing, says Starship V3 is designed to deliver 100 metric tons to orbit in a fully reusable configuration, that SpaceX aims to cut the cost to reach orbit by 99% or more versus the historical average, and that tower catches should allow “multiple launches per day.”
The payoff goes beyond cheaper launches. The next generation Starlink V3 satellites are too large for Falcon 9 and can only fly on Starship, which can carry up to 60 per flight. Flight 14 on September 28 deployed the first 26 of them after Starship reached orbit despite an early engine shutdown, as Teslarati reported. Musk blamed engine computer software, and said the heat shield “was extremely robust,” which he claimed in August had solved Starship’s biggest challenge.
NASA’s Moon plans depend on the same capability. NASA’s inspector general has described a lander mission that needs a propellant depot in low Earth orbit and more than 10 tanker flights, with SpaceX targeting one tanker launch every six days. That schedule only works if ships and boosters come back fast and fly again. Also, ship to ship propellant transfer has not been attempted yet.
One interesting hurdle yet to be explored is bringing the ship back to the launch site, with reentry over land, which will undoubtedly come with a lot of aviation safety reviews.
Lifestyle
Tesla’s mirrorless Cybercab will give riders a visibility upgrade
Tesla engineer confirms Cybercab update letting riders pull up rear and repeater cameras on demand.
Tesla is working on a Cybercab update that would let passengers pull up the vehicle’s rear and side cameras on demand, and the request came straight from a rider.
The exchange played out on X late Friday. Cybercab rider Dan Burkland shared photos of the two-seater’s cabin screen after an evening ride, praised the UI team’s work, and left one request: let riders open the rear and repeater cameras whenever they want, “especially for peace of mind.” Tesla UI software engineer Evan (@CarCoder) answered with two words: “In development.”
The Tesla UI team absolutely crushed it with the infotainment software. Nicely done @CarCoder!
One feature request: Allow folks to pull up the rear & repeater cameras on demand. This would be great especially for peace of mind. https://t.co/mNAOSLx6pE
— Dan Burkland (@DBurkland) October 10, 2026
The idea fits a pattern Teslarati has tracked since public rides began. Days after paid Cybercab service opened in Austin, Tesla sent riders a survey that asked them to rate the touchscreen, the app and the cabin, and to pick the features they wanted most. We reported on that survey in September, and a camera view is the kind of small software change Tesla can push quickly if riders keep asking.
It also speaks to something unique about the vehicle. With no steering wheel, no pedals and no driver, passengers have no mirror to check and no way to see behind them. The hardware is clearly built for camera awareness, from the repeater cameras to the rear camera. Letting a passenger look through those same cameras would give a nervous first time rider a way to confirm what is around the car.
The timing matters because the fleet is growing fast. Tesla’s Robotaxi account said on Saturday that more than 300 Cybercabs are now serving Austin, an eightfold increase in 30 days, and Tesla AI chief Ashok Elluswamy named Dallas as the next city. More cars and more cities mean more people riding in a driverless vehicle for the first time, which is exactly when small trust features carry weight.
For now, the feature is confirmed only as in development. If Tesla follows its usual pattern with Cybercab software, riders could see it appear in a point release without any announcement, and Teslarati will watch for it.
News
Tesla’s Cybercab fleet jumped 8x in a month, with Dallas up next
Tesla confirms its first official Cybercab fleet number as Austin scales fast and Dallas looms.
Tesla says more than 300 Cybercabs are now serving Austin, the first time the company has put an official number on its active Cybercab fleet. The figure came from the Robotaxi account on X on Saturday, which wrote that one month after launch the service had “scaled to 300+ Cybercabs serving Austin – an 8x increase in 30 days.”
Ashok Elluswamy, Tesla’s head of AI software, quoted the post with a line that carried the bigger news. “Two years since the 10/10 Cybercab WeRobot event, the cabs are everywhere in Austin now. Dallas soon,” he wrote. It is the first time Tesla has named the next city for public Cybercab rides.
One month after launch, we’ve scaled to 300+ Cybercabs serving Austin – an 8x increase in 30 days https://t.co/EagJy2JAsm
— Robotaxi (@robotaxi) October 10, 2026
Tesla opened Cybercab rides to the public in Austin on September 4, as Teslarati reported, a day after an invite only launch event. The ramp since then has been steep. Our September 28 report had the fleet at well over 100 units after availability jumped from 58 to 125 in a single week. On Thursday, Tesla added 150 Cybercabs to the Texas automated vehicle registry, lifting its registered count to 319 from 169. The first seven appeared on the registry on August 31.
RobotaxiTracker, a community site that counts vehicles from sightings and state records, listed 275 vehicles in unsupervised service in Austin on Saturday, 105 of them Cybercabs, which is well below Tesla’s figure. Tracker counts can lag official numbers, though Sawyer Merritt noted that Cybercab wait times in Austin stayed short on Saturday evening even with more than 2,000 fans in town for X Takeover.
Regulators are watching the rollout. NHTSA opened an audit query into Tesla’s certification that the Cybercab meets federal safety standards, and sworn answers are due October 30. Tesla reports third quarter earnings on October 21, which gives the company a natural venue to define its fleet numbers and put a date on Dallas.
Elon Musk drops a Thanksgiving hint about Starship’s biggest test yet
Tesla’s mirrorless Cybercab will give riders a visibility upgrade
Tesla’s Cybercab fleet jumped 8x in a month, with Dallas up next
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