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
SpaceX just cleared a key FCC hurdle in its fight with Verizon and AT&T
The FCC accepted SpaceX’s bid for Grain’s 800 MHz spectrum, opening review for Starlink Mobile.
The Federal Communications Commission has formally opened its review of SpaceX’s plan to buy a nationwide block of 800 MHz spectrum from Grain Management, moving Starlink Mobile one step closer to operating as a full U.S. wireless carrier.
In a public notice issued Tuesday, the FCC’s Wireless Telecommunications Bureau said it accepted for filing the applications to transfer control of two Grain license companies, Prism License Co. 1 and Prism License Co. 2, to Starlink Spectrum Holdings, a wholly owned SpaceX subsidiary. The deal covers 546 paired licenses across 3,224 counties, reaching roughly 100% of the U.S. population in all 50 states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands. The proceeding sits under WT Docket No. 26-313.
Acceptance is not approval. It means the applications cleared an initial review and the public comment window is now open. Comments and petitions to deny are due December 1, and oppositions are due December 8. The bureau also said the conditions attached to Grain’s July purchase of the licenses from T-Mobile, which require rapid buildout for terrestrial and direct to device service, would carry over to SpaceX if the transfer is approved.
SpaceX announced the agreement on October 8, saying the new airwaves would let Starlink Mobile’s signal reach phones inside buildings, something its 2 GHz spectrum from EchoStar cannot do as well. The portfolio includes up to 14 MHz of paired spectrum in the 817 to 824 MHz and 862 to 869 MHz bands, which most existing phones already support. Elon Musk called it “the last critical piece of the spectrum puzzle needed for SpaceX to provide complete phone coverage in America.”
According to the filing, SpaceX would hold up to 89 MHz of total spectrum in any given market after the deal closes, including up to 14 MHz below 1 GHz. That is far under the 385 MHz threshold the FCC uses to flag a transaction for closer competitive scrutiny, and well short of the roughly 300 MHz each of AT&T, Verizon and T-Mobile holds.
Tuesday’s notice does not decide how SpaceX can use the spectrum from orbit. A separate application SpaceX filed on October 27 seeking authority to provide supplemental coverage from space on the same frequencies, along with related waiver requests, is still pending before the commission.
The ground network is already taking shape. Last week, SpaceX picked Qualcomm to supply radios, baseband units and software for a nationwide 5G build, with deployment across tens of thousands of U.S. cell sites starting in 2027. The FCC also voted on October 29 to advance a proposal opening another 482 MHz to direct to device service, though AT&T, Verizon and T-Mobile hacritive pushed to strip nearly 300 MHz from it. SpaceX President Gwynne Shotwell has said service on SpaceX’s own airwaves is targeted for early 2028.
A Tesla upfitter has offered to take over Cybertruck lines from the company in a last-ditch effort to save the all-electric pickup from being completely canceled in the middle of 2027.
Unplugged Performance, the Hawthorne, California-based Tesla aftermarket specialist, has publicly offered to take over Cybertruck production from Tesla, funding the effort “through a consortium of investors.”
An open offer to Tesla: We fully support putting Cybercab first, and we’d be glad to take the Cybertruck line off your hands.
We’d fund it with a consortium of investors and run it at no cost to Tesla’s floor space, headcount, or focus. All of that goes to Cybercab. Cybercab gets first call on battery cells too. We’ll wait our turn.
Tesla gains incremental profit: a license fee, plus FSD and Robotaxi network revenues on every vehicle built.
We’d build the Cybertruck, a three-row CyberSUV, and an unmanned CyberCargo hauler. More autonomous miles, across every surface of this planet and beyond.
Worth a conversation?— UP (@UnpluggedTesla) November 10, 2026
The proposal comes as Tesla prioritizes its Cybercab Robotaxi program and prepares to wind down Cybertruck assembly at Gigafactory Texas around mid-2027.
Founded in 2013 by Ben Schaffer and located adjacent to Tesla’s Design Studio and SpaceX, Unplugged Performance has become a leading provider of premium upgrades for Tesla vehicles, including extensive Cybertruck packages under its UP INVINCIBLE line.
Through its UP.FIT division, the company has also developed purpose-built police and fleet versions of the Cybertruck, including deliveries to agencies such as the Las Vegas Metropolitan Police Department.
In an X post on Tuesday, Unplugged said:
“An open offer to Tesla: We fully support putting Cybercab first, and we’d be glad to take the Cybertruck line off your hands. We’d fund it with a consortium of investors and run it at no cost to Tesla’s floor space, headcount, or focus. All of that goes to Cybercab. Cybercab gets first call on battery cells too. We’ll wait our turn. Tesla gains incremental profit: a license fee, plus FSD and Robotaxi network revenues on every vehicle built. We’d build the Cybertruck, a three-row CyberSUV, and an unmanned CyberCargo hauler. More autonomous miles, across every surface of this planet and beyond. Worth a conversation?”
The arrangement would free Tesla resources and manufacturing capacity for Cybercab while allowing continued production of the stainless-steel pickup and expanded variants. Unplugged Performance indicated it would wait for battery cells after Cybercab needs are met and would generate ongoing revenue for Tesla through licensing and software/network services on the vehicles it produces.
Following strong initial interest, Unplugged Performance posted a follow-up inviting potential investors and strategic partners to email cyber@unpluggedperformance.com. The company clarified that the outreach is solely to gauge interest and does not constitute an offer to sell securities or acceptance of funds at this stage.
The proposal arrives shortly after Elon Musk indicated that Cybertruck production in Texas would be phased out by roughly the middle of 2027 to expand Cybercab output.
Whether Tesla engages with the offer remains to be seen, but the public overture highlights both the aftermarket specialist’s deep experience with the Cybertruck platform and the growing focus on autonomy within Tesla’s manufacturing plans.
Elon Musk said the Tesla Cybercab will perform “a majority of all passenger miles” where it is allowed to operate and that point is “obvious to anyone with eyes and a brain.”
Musk used the point to double down on the company’s decision to ax the cult-favorite Cybertruck, as its production space will be removed and transitioned into additional Cybercab lines. The move has catalyzed a polarizing conversation on whether its right or wrong.
Whatever side you are on — it’s happening.
Dodge ended the Viper.
Audi retired the R8.
Mitsubishi said goodbye to the Lancer Evo.
Ford bid farewell to the Bronco (at one point).
Chevrolet sunset the Camaro.Tesla is ending the Cybertruck. I’m pissed. I’m upset.
Fans of those five automakers mentioned did the same thing. It happens. It sucks. I don’t like it.
But I still love Tesla. I love my Model Y. I hoped to be in a Cybertruck in a little under two years.
I won’t be. But I still won’t put my family in anything else. Too safe. Too advanced. Too much better than everything else.
— TESLARATI (@Teslarati) November 10, 2026
Regardless, Musk seems to be getting to the point that he is done talking about the choice. At some point, you have to think that this was truly a difficult decision for him and the company as well, and this is not something he took lightly. In fact, he’s probably a little bit disappointed with it, too.
But the point remains that the Cybertruck is gone. Musk’s focus is purely on developing an autonomous platform that the world will utilize for transportation, and he’s telling you that anyone “with eyes and a brain” can see it:
@PalmerLuckey @carlhancock Cybercab will do a majority of all passenger miles in any jurisdiction where it is not prohibited by law.
Obvious to anyone with eyes and a brain.
— Elon Musk (@elonmusk) November 10, 2026
Tesla is betting that all of its passengers in the future will be okay with not owning their own personal cars and will be fine with ride-hailing for the rest of their lives. Every dinner, every errand, every trip to the airport and transportation thereafter, will all be operated by ride-sharing, and in Tesla’s perfect world, it will happen in a Cybercab.
As of now, Cybercab is only active in Austin, but it has been spotted all over the country with a driver behind the wheel in those prototypes. In Austin, the car has no steering wheel or pedals for people to control the vehicle.
The Cybertruck dilemma is one that has truly come across the entire Tesla community and while it seems to be a great idea to keep it because people love it, the business side of things is steering Musk and Tesla in another direction.
SpaceX just cleared a key FCC hurdle in its fight with Verizon and AT&T
Tesla upfitter offers to keep Cybertruck alive
