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
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Investor's Corner
Tesla Robotaxi gets a massive upgrade in Nevada
Nevada regulators just approved a massive expansion of Tesla’s robotaxi fleet across the entire county.
Tesla’s robotaxi footprint in Nevada just grew by roughly 500 times in a single regulatory vote.
The Nevada Transportation Authority approved Tesla’s full Autonomous Vehicle Network Company permit on Thursday, clearing the way for the company to deploy up to 5,000 driverless vehicles across Clark County over the next 12 months. The decision came during a four hour general session meeting that Tesla investor Sawyer Merritt watched live and reported on X, noting the vote replaces the interim order that had limited Tesla to just 10 robotaxis on a narrow stretch of the Las Vegas Strip.
EXCLUSIVE: Tesla has just officially received approval for its full Autonomous Vehicle Network Company permit in Nevada, clearing the way for Tesla to launch a paid public Robotaxi service in Las Vegas.
This officially allows @Tesla to deploy up to 5,000 robotaxis over the next… pic.twitter.com/DPs5UtUlrE
— Sawyer Merritt (@SawyerMerritt) August 20, 2026
That earlier cap, covered here after it surfaced on August 13, came with restrictions that looked stricter than what Tesla runs in Austin: a 45 mph speed ceiling, no airport pickups, and a geofence confined to the Strip corridor. The new approval extends Tesla’s operating authority to all of Clark County, with room to request an even wider geofence across the state.
Tesla representatives at the meeting said they have no intention of putting 5,000 cars on the road right away. Commercial rides are expected to start within 30 days, pending vehicle inspections, insurance filings, and fare approval, the standard steps every robotaxi operator in Nevada has had to clear.
Tesla’s own Robotaxi account replied to the news with a short line, The golden future is upon us.
The timing lines up with Tesla’s broader robotaxi push this month. The company is preparing to open Cybercab rides to the public in Austin as soon as this month, and it opened a sweepstakes for riders to win a seat at the launch event. Tesla filed its original application for a 5,000 vehicle Nevada fleet back in June, a request regulators trimmed to 10 vehicles when they issued the interim order in July. Thursday’s vote effectively grants the number Tesla asked for from the start.
Zoox, the Amazon owned robotaxi operator, has run in Nevada since 2025 and was capped at 100 vehicles before Thursday’s decision. Tesla’s new ceiling puts it well ahead of that comparison on paper, though the company has said its actual fleet size will depend on how quickly FSD v15 rolls out, the software update executives have called the gateway to scaling unsupervised robotaxi operations nationwide.
Tesla welcomed JPMorgan analysts to one of its factories earlier this month, with the Wall Street firm highlighting its findings in a new note to investors. One of the more pertinent pieces of information is that Tesla admitted to slowly integrating Model Y vehicles into its Robotaxi fleet, but it has a good reason.
JPMorgan analysts recently toured Tesla’s Fremont Factory and met with the company’s investor relations team, emerging with a clearer picture of the automaker’s Robotaxi strategy. According to the bank’s note, Tesla is intentionally limiting the addition of Model Y vehicles to its existing Robotaxi fleet.
The firm’s analysts said:
“Tesla indicated it is intentionally holding back on adding Model Y units to the robotaxi fleet, expressing confidence in its ability to scale Cybercab in the near-term. On FSD V15, Tesla views this release as a step-change in performance, comparable to the leap from V13 to V14. The V15 upgrade encompasses seven core technologies, with ~40% of those currently being tested in the robotaxi fleet, where initial feedback has been encouraging.”
JPMorgan after meeting with Tesla recently in Fremont:
“Tesla indicated it is intentionally holding back on adding Model Y units to the robotaxi fleet, expressing confidence in its ability to scale Cybercab in the near-term. On FSD V15, Tesla views this release as a step-change… pic.twitter.com/W9yGCWRT3C
— Sawyer Merritt (@SawyerMerritt) August 20, 2026
Far from signaling delays or doubts about autonomy, the move reflects strong management confidence in the near-term scalability of the purpose-built Cybercab.
Tesla has operated its Robotaxi service primarily with modified Model Ys since launching in Austin and expanding to other markets. Yet the company is now deliberately holding back further Model Y conversions. The rationale is straightforward: leadership believes the Cybercab, a two-seat, steering-wheel- and pedal-free vehicle optimized for high utilization, can ramp production and deployment more efficiently in the coming months.
This dedicated form factor promises better unit economics for the majority of rides, which typically involve one or two passengers, while freeing consumer Model Y inventory for retail sales.
Supporting this pivot is Full Self-Driving (FSD) software version 15, which Tesla describes as a genuine step-change in performance, comparable to the leap from V13 to V14. The update incorporates seven core technologies; roughly 40 percent are already undergoing real-world testing in the current Robotaxi fleet, with early feedback described as encouraging.
Tesla is carefully managing software development to minimize regressions in core driving functions as new capabilities are added. Management positions V15 as the primary gateway to scaling unsupervised FSD. Importantly, the existing AI and Hardware 4 stack is already capable of running V15 and supporting unsupervised operation.
Cybercab itself is only the first vehicle on the platform. Tesla reiterated that additional form factors will follow, pointing to concepts such as the earlier “Robovan” demonstration as examples of how the architecture can evolve.
Tesla’s mysterious Robovan makes a sneak peek with Optimus in Terafab video
Parallel progress continues on the Optimus humanoid robot, which remains on track for start of production in the coming months, with commercial sales possible as early as the second half of 2027. Generation 3 details will be revealed closer to production to preserve competitive advantages, while Generation 4 scope will draw on real-world Gen 3 experience.
JPMorgan left the meeting with a deeper appreciation for Tesla’s manufacturing automation and maintained its $475 price target. The decision to slow Model Y Robotaxi integration is therefore not a setback but a calculated prioritization of a more efficient, purpose-built solution that management believes is ready to scale.
SpaceX CEO Elon Musk announced today that the company will likely attempt to catch the Starship upper stage with its launch tower arms “in a few months.”
In a post on X, Musk wrote, “Looks like we will probably catch the ship with the tower in a few months. If there had been a tower out to sea where we practiced landing the ship, it would have been caught.” He added that the first reflight of a Starship vehicle is expected by the end of 2026 or early 2027, describing it as “a fork in the road of history for consciousness reaching the stars.”
Looks like we will probably catch the ship with the tower in a few months. If there had been a tower out to sea where we practiced landing the ship, it would have been caught.
First reflight of the ship will be either end of this year or early next. That will be a fork in the… https://t.co/O5g9pqrzyo
— Elon Musk (@elonmusk) August 20, 2026
Musk’s prediction comes amid ongoing progress toward full reusability of the Starship system, a two-stage rocket designed for rapid turnaround and dramatically lower launch costs. Catching the upper stage, known simply as “ship,” with the Mechazilla tower’s mechanical arms would mark a major milestone. It would allow both stages to return directly to the launch site for quick refurbishment and reuse, eliminating the need for ocean recovery.
Musk has previously signaled plans for a ship catch. In July, shortly after SpaceX’s wildly successful Starship 13 mission, he stated that the company would attempt to catch the ship with the tower on the next flight unless problems emerged in the mission data review. Earlier comments also outline conditions such as successful soft ocean landings before attempting a land recovery to minimize risk.
SpaceX has solved Starship’s biggest challenge, Elon Musk says
The latest update from Musk adjusts this timeline to a few months, reflecting the iterative nature of the test campaign.
SpaceX has already demonstrated the tower catch technique successfully with the Super Heavy booster on a couple of occasions. The first successful booster catch occurred during Flight 5 in October 2024, when the massive first stage returned to the Starbase pad in Texas and was plucked from the air by the tower arms.
Additional catches followed on later flights, including Flight 7, proving the concept for the booster and building confidence in the system as a whole.
Achieving a similar catch for the upper stage would represent a significant step forward. The ship returns from much higher speeds and greater heat loads after orbital or near-orbital flight. Success would advance SpaceX’s goal of full and rapid reusability, potentially reducing the cost of access to orbit by a factor of 100 or more and supporting ambitions for frequent satellite deployments, lunar missions, and eventual Mars flights.
Musk has long emphasized that true reusability, refueling rather than discarding hardware, is essential for making humanity a multi-planetary species.
As SpaceX continues refining Starship through successive test flights, the coming months will test whether the ambitious catch timeline can be met. The combination of prior booster successes and improving ship landing precision suggests the company is steadily closing in on this historic capability.
Tesla Robotaxi gets a massive upgrade in Nevada
Tesla admits to slow Model Y Robotaxi integration, but for a good reason
