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.
In a pointed message on X, Elon Musk warned that firms maintaining significant short positions in SpaceX over time face “very low” survival probability.
The statement comes amid post-IPO volatility for the rocket company, now trading under the ticker $SPCX.
The survival probability of firms who maintain a significant short position in SpaceX over time is very low
— Elon Musk (@elonmusk) July 17, 2026
Five weeks after what was described as the largest IPO in history, the stock had fallen roughly 30% from its peak above $2.6 trillion, briefly surpassing Microsoft and Amazon in market value. Short sellers celebrated gains of about $8.7 billion, but Musk’s reply underscores his long-term conviction.
The warning directly echoes a detailed bullish analysis arguing that Starship’s cost reductions could unlock a multi-trillion-dollar space economy. Projects ranging from solar power beamed from orbit and asteroid mining to orbital data centers and Mars terraforming were projected to create over $100 trillion in new market capitalization.
In this vision, SpaceX acts as the essential infrastructure provider, akin to AWS for cloud computing, capturing monopoly-like revenues from launches, crew transport, and data traffic across a rapidly expanding frontier.
This is far from the first time Musk has targeted short sellers. With Tesla, he has repeatedly framed persistent bears as destined for major losses. In July 2024, Musk declared that once Tesla achieves full autonomy and volume production of Optimus robots, “anyone still holding a short position will be obliterated. Even Gates,” referencing Microsoft co-founder Bill Gates’ reported short bets.
Elon Musk reveals what Tesla stock surge could do to Bill Gates
Earlier, in 2018, he taunted shorts that they had “about three weeks before their short position explodes,” a remark followed by sharp stock gains. Musk has also called short selling “value destroying” and once suggested it “should be illegal,” viewing it as betting against innovation and progress.
Critics often dismiss Musk’s optimism as hype, especially when near-term metrics like quarterly deliveries or stock fluctuations disappoint.
Yet his pattern remains consistent: framing short positions against his companies as fundamentally misjudging exponential technological leaps. For SpaceX shorts, the message is clear: betting against multi-planetary ambitions and the infrastructure monopoly they enable carries existential risk for the firms involved.
As Musk and supporters see it, the space economy’s upside dwarfs Earth-bound valuation models, making today’s dips temporary in a decades-long ascent.
Tesla has evidently revealed which of its vehicle models will be the first to receive Starlink integration: the Cybercab.
Tesla’s Santana Row showroom now has a full-fledged display of the Cybercab, with an extensive bit of information hung around an exhibit that seems to reveal the vehicle’s newest feature: an integrated Starlink antenna that will enable secure and reliable internet access during trips.
Credit: @Starscream_SJC | X
Cybercab is geared toward autonomous ride-hailing for one or two passengers. The production units rolling off the lines at Gigafactory Texas are built without steering wheels or pedals, meaning when public rides begin, passengers will not need to interact with a human being or control the vehicle in any way outside of what appears on the center screen for their entertainment during the ride.
Tesla Santana Row will be reopening tomorrow with a full focus on self-driving. Everything in the showroom is about Robotaxi and Cybercab with stats and information about the technology. The Cybercab on display is the production model. pic.twitter.com/yIUYdOGFOp
— Shaun Cassidy (@Starscream_SJC) July 20, 2026
Along the display, Tesla wrote this message about Cybercab:
“Cybercab is built for autonomy. It has no steering wheel, no side mirrors, and no pedals. It goes where you tell it to go and how you want it to, so you can relax along the way. It is hyper aware and responsive to your surroundings, monitoring other drivers, responding to emergency vehicles, utilizing its expertise in the rarest scenarios to help keep you safe.”
Tesla has been teasing a potential Starlink integration for quite some time now. In December, the company hinted at potential Starlink internet terminal integration within its vehicles in a patent that described a vehicle roof assembly with integrated radio frequency (RF) transparency.
The company wrote in its patent application that a new roof design built with materials that differ from the standard metallic or glass elements used in today’s cars would allow it to integrate modern vehicular technologies, in particular, ones that require radio frequency transmission and reception.
Tesla suggested high-strength polymer blends, like Polycarbonate, Acrylonitrile Butadiene Styrene, or Acrylonitrile Styrene Acrylate.
This is the first time we’ve seen Tesla officially confirm the Starlink integration into the Cybercab. It’s not much of a surprise considering the company’s intention behind the Cybercab, which is to make travel autonomous.
Productivity will now be at a maximum during a work-related commute, while the center screen could be utilized for Netflix or potentially even live TV for those who are heading to dinner or to a fun activity.
SpaceX has updated its target for the thirteenth integrated flight test of Starship, aiming for as early as Thursday, July 23. The 90-minute launch window opens at 5:45 p.m. CT from the company’s Starbase facility in South Texas.
The target flight was initially rescheduled for today, but SpaceX pushed it back again.
This latest adjustment follows an aborted attempt earlier in the week and reflects the iterative, rapid-development approach that has defined the Starship program. With the vehicle already stacked and ground teams making final preparations, the mission represents another step toward proving the full reusability of the world’s most powerful rocket system.
Now targeting to launch Starship’s thirteenth flight test as early as Thursday, July 23 → https://t.co/Rp7VwBzpWx pic.twitter.com/Y0YNzfc5zk
— SpaceX (@SpaceX) July 19, 2026
The original launch attempt on July 16 was scrubbed at T-0 when several Raptor engines on the Super Heavy booster failed to ignite properly. The automatic abort system triggered just as the engines began their startup sequence, preventing liftoff.
SpaceX CEO Elon Musk confirmed that some engines did not start as expected, prompting the decision to replace two Raptors on Booster 20 to ensure reliability. The issue occurred despite a successful full-duration static fire earlier, highlighting the complexities of coordinating 33 engines under flight conditions.
This cautious approach underscores SpaceX’s commitment to safety amid an aggressive test cadence.
Flight 13 builds directly on the lessons from Flight 12 in May 2026. The Super Heavy booster’s primary goals include a successful liftoff, ascent, stage separation, boostback burn, and controlled splashdown in the Gulf of America.
Hardware and software modifications address the off-nominal flip and boostback burn problems from the prior flight, where propellant slosh and engine relight issues led to an uncontrolled impact.
For the Starship upper stage, objectives include deploying 20 operational Starlink V3 satellites, the first real payload of this type, performing a single Raptor engine relight in space, and executing a controlled entry, descent, and splashdown in the Indian Ocean. Propulsion upgrades aim to improve engine-out capability after one vacuum Raptor was lost on Flight 12.
Additional test elements focus on heat shield performance. Six satellites carry cameras to image the tiles during flight, while white-painted tiles and upgraded attachments on flaps and the aft skirt will gather data for future reusability.
The FAA completed its mishap investigation into Flight 12 earlier this month, clearing the regulatory path.
This suborbital mission, the second with V3 vehicles, advances Starship toward operational missions, including potential crewed flights and support for NASA’s Artemis program. Success would mark significant progress in rapid reusability and satellite deployment from the massive system.
Elon Musk sends first warning to SpaceX short sellers
Tesla reveals first vehicle model to receive Starlink integration
