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.
Elon Musk
Elon Musk proposes Grok 5 vs world’s best League of Legends team match
Musk’s proposal has received positive reception from professional players and Riot Games alike.
Elon Musk has proposed a high-profile gaming challenge for xAI’s upcoming Grok 5. As per Musk, it would be interesting to see if the large language model could beat the world’ best human League of Legends team with specific constraints.
Musk’s proposal has received positive reception from professional players and Riot Games alike, suggesting that the exciting exhibition match might indeed happen.
Musk outlines restrictions for Grok
In his post on X, Musk detailed constraints to keep the match competitive, including limiting Grok to human-level reaction times, human-speed clicking, and viewing the game only through a camera feed with standard 20/20 vision. The idea quickly circulated across the esports community, drawing commentary from former pros and AI researchers, as noted in a Dexerto report.
Former League pro Eugene “Pobelter” Park expressed enthusiasm, offering to help Musk’s team and noting the unique comparison to past AI-versus-human breakthroughs, such as OpenAI’s Dota 2 bots. AI researcher Oriol Vinyals, who previously reached Grandmaster rank in StarCraft, suggested testing Grok in RTS gameplay as well.
Musk welcomed the idea, even responding positively to Vinyals’ comment that it would be nice to see Optimus operate the mouse and keyboard.
Pros debate Grok’s chances, T1 and Riot show interest
Reactions weren’t universally optimistic. Former professional mid-laner Joedat “Voyboy” Esfahani argued that even with Grok’s rapid learning capabilities, League of Legends requires deep synergy, game-state interpretation, and team coordination that may be difficult for AI to master at top competitive levels. Yiliang “Doublelift” Peng was similarly skeptical, publicly stating he doubted Grok could beat T1, or even himself, and jokingly promised to shave his head if Grok managed to win.
T1, however, embraced the proposal, responding with a GIF of Faker and the message “We are ready,” signaling their willingness to participate. Riot Games itself also reacted, with co-founder Marc Merrill replying to Musk with “let’s discuss.” Needless to say, it appears that Riot Games in onboard with the idea.
Though no match has been confirmed, interest from players, teams, and Riot suggests the concept could materialize into a landmark AI-versus-human matchup, potentially becoming one of the most viewed League of Legends events in history. The fact that Grok 5 will be constrained to human limits would definitely add an interesting dimension to the matchup, as it could truly demonstrate how human-like the large language model could be like in real-time scenarios.
Tesla has passed a key milestone, and it was one that CEO Elon Musk initially mentioned more than nine years ago when he published Master Plan, Part Deux.
As per Tesla China in a post on its official Weibo account, the company’s Autopilot system has accumulated over 10 billion kilometers of real-world driving experience.
Tesla China’s subtle, but huge announcement
In its Weibo post, Tesla China announced that the company’s Autopilot system has accumulated 10 billion kilometers of driving experience. “In this respect, Tesla vehicles equipped with Autopilot technology can be considered to have the world’s most experienced and seasoned driver.”
Tesla AI’s handle on Weibo also highlighted a key advantage of the company’s self-driving system. “It will never drive under the influence of alcohol, be distracted, or be fatigued,” the team wrote. “We believe that advancements in Autopilot technology will save more lives.”
Tesla China did not clarify exactly what it meant by “Autopilot” in its Weibo post, though the company’s intense focus on FSD over the past years suggests that the term includes miles that were driven by FSD (Beta) and Full Self-Driving (Supervised). Either way, 10 billion cumulative miles of real-world data is something that few, if any, competitors could compete with.
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Elon Musk’s 10-billion-km estimate, way back in 2016
When Elon Musk published Master Plan Part Deux, he outlined his vision for the company’s autonomous driving system. At the time, Autopilot was still very new, though Musk was already envisioning how the system could get regulatory approval worldwide. He estimated that worldwide regulatory approval will probably require around 10 billion miles of real-world driving data, which was an impossible-sounding amount at the time.
“Even once the software is highly refined and far better than the average human driver, there will still be a significant time gap, varying widely by jurisdiction, before true self-driving is approved by regulators. We expect that worldwide regulatory approval will require something on the order of 6 billion miles (10 billion km). Current fleet learning is happening at just over 3 million miles (5 million km) per day,” Musk wrote.
It’s quite interesting but Tesla is indeed getting regulatory approval for FSD (Supervised) at a steady pace today, at a time when 10 billion miles of data has been achieved. The system has been active in the United States and has since been rolled out to other countries such as Australia, New Zealand, China, and, more recently, South Korea. Expectations are high that Tesla could secure FSD approval in Europe sometime next year as well.
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Elon Musk’s Boring Company reveals Prufrock TBM’s most disruptive feature
As it turns out, the tunneling startup, similar to other Elon Musk-backed ventures, is also dead serious about pursuing reusability.
The Boring Company has quietly revealed one of its tunnel boring machines’ (TBMs) most underrated feature. As it turns out, the tunneling startup, similar to other Elon Musk-backed ventures, is also dead serious about pursuing reusability.
Prufrock 5 leaves the factory
The Boring Company is arguably the quietest venture currently backed by Elon Musk, inspiring far fewer headlines than his other, more high-profile companies such as Tesla, SpaceX, and xAI. Still, the Boring Company’s mission is ambitious, as it is a company designed to solve the problem of congestion in cities.
To accomplish this, the Boring Company would need to develop tunnel boring machines that could dig incredibly quickly. To this end, the startup has designed Prufrock, an all-electric TBM that’s designed to eventually be fast enough as an everyday garden snail. Among TBMs, such a speed would be revolutionary.
The startup has taken a step towards this recently, when The Boring Company posted a photo of Prufrock-5 coming out of its Bastrop, Texas facility. “On a rainy day in Bastrop, Prufrock-5 has left the factory. Will begin tunneling by December 1. Hoping for a step function increase in speed,” the Boring Company wrote.
Prufrock’s quiet disruption
Interestingly enough, the Boring Company also mentioned a key feature of its Prufrock machines that makes them significantly more sustainable and reusable than conventional TBMs. As per a user on X, standard tunnel boring machines are often left underground at the conclusion of a project because retrieving them is usually more expensive and impractical than abandoning them in the location.
As per the Boring Company, however, this is not the case for its Prufrock machines, as they are retrieved, upgraded, and deployed again with improvements. “All Prufrocks are reused, usually with upgrades between launches. Prufrock-1 has now dug six tunnels,” the Boring Company wrote in its reply on X.
The Boring Company’s reply is quite exciting as it suggests that the TBMs from the tunneling startup could eventually be as reusable as SpaceX’s boosters. This is on brand for an Elon Musk-backed venture, of course, though the Boring Company’s disruption is a bit more underground.
Tesla is being accused of infringing robotics patents by a company called Perrone Robotics, which is based out of Charlottesville, Virginia.
The suit was filed in Alexandria, Virginia, and accuses Tesla of knowingly infringing upon five patents related to robotics systems for self-driving vehicles.
The company said its founder, Paul Perrone, developed general-purpose robotics operating systems for individual robots and automated devices.
Perrone Robotics claims that all Tesla vehicles utilizing the company’s Autopilot suite within the last six years infringe the five patents, according to a report from Reuters.
Tesla’s new Safety Report shows Autopilot is nine times safer than humans
One patent was something the company attempted to sell to Tesla back in 2017. The five patents cover a “General Purpose Operating System for Robotics,” otherwise known as GPROS.
The GPROS suite includes extensions for autonomous vehicle controls, path planning, and sensor fusion. One key patent, U.S. 10,331,136, was explicitly offered to Tesla by Perrone back in 2017, but the company rejected it.
The suit aims to halt any further infringements and seeks unspecified damages.
This is far from the first suit Tesla has been involved in, including one from his year with Perceptive Automata LLC, which accused Tesla of infringing on AI models to interpret pedestrian/cyclist intent via cameras without licensing. Tesla appeared in court in August, but its motion to dismiss was partially denied earlier this month.
Tesla also settled a suit with Arsus LLC, which accused Autopilot’s electronic stability features of infringing on rollover prevention tech. Tesla won via an inter partes review in September.
Most of these cases involve non-practicing entities or startups asserting broad autonomous vehicle patents against Tesla’s rapid iteration.
Tesla typically counters with those inter partes reviews, claiming invalidity. Tesla has successfully defended about 70 percent of the autonomous vehicle lawsuits it has been involved in since 2020, but settlements are common to avoid discovery costs.
The case is Perrone Robotics Inc v Tesla Inc, U.S. District Court, Eastern District of Virginia, No. 25-02156. Tesla has not yet listed an attorney for the case, according to the report.
Elon Musk proposes Grok 5 vs world’s best League of Legends team match
Elon Musk’s Boring Company reveals Prufrock TBM’s most disruptive feature
