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Elon Musk pushes to end Twitter ‘muzzle’ from 2018 SEC settlement

Ministério Das Comunicações, CC BY 2.0 , via Wikimedia Commons

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Tesla CEO Elon Musk once again pushed for a term of his 2018 consent decree with the SEC to be thrown out. The 2018 settlement with the agency, which came after a settlement in relation to the CEO’s “funding secured” Tweet, required a company lawyer to pre-approve Musk’s Twitter communication. The “government-imposed muzzle” should be ended, in Musk’s opinion.

In September 2018, the SEC announced the terms of its settlement with Musk from claims of securities laws violations, after the CEO announced he was considering taking Tesla private at $420 per share. The terms of Musk’s consent decree with the SEC required him to step down as Tesla’s chairman, two new members to be elected to the company’s board, a $20 million penalty from both Musk and Tesla, and a final condition that “will establish a new committee of independent directors and put in place additional controls and procedures to oversee Musk’s communications.”

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Musk has consistently pushed back against the latter-most term, in particular. In a 60 Minutes interview in 2019, Musk said that the SEC’s term that someone must oversee his Tweets is a violation of the First Amendment.

Musk and Tesla attorneys are now pushing for the provision to be thrown out once again. The company filed to have the “government-imposed muzzle” removed from the terms of the settlement, arguing that it is “contrary to the American principles of free speech and open debate,” Reuters said the filing stated.

This is far from the first time Musk and his lawyers have attempted to have the decree thrown out. In April, after requesting the agreement be abolished, U.S. District Judge Lewis Liman refused to throw out the decree because Musk entered the terms of the decree “knowingly and willingly.

However, Musk’s attorneys argue that the SEC’s overwatch of his actions has become more invasive:

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“Under the shadow of the consent decree, the SEC has increasingly surveilled, policed, and attempted to curb Mr. Musk’s protected speech that does not touch upon the federal securities laws. Any objective served by the pre-approval provision has been served.”

Musk maintained the Tweet was truthful and that he had funding secured for the deal. U.S. District Judge Edward Chen, who heard arguments in the suit in March, was skeptical. “It seems to me it’s not factually very complicated,” Judge Chen said. In fact, “funding had not been secured,” he added.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

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Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla Model Y lineup expansion signals an uncomfortable reality for consumers

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Credit: Tesla

Tesla launched a new configuration of the Model Y this week, bringing more complexity to its lineup of the vehicle and adding a new, lower entry point for those who require an All-Wheel-Drive car.

However, the broadening of the Model Y lineup in the United States could signal a somewhat uncomfortable reality for Tesla fans and car buyers, who have been vocal about their desire for a larger, full-size SUV.

Tesla has essentially moved in the opposite direction through its closure of the Model X and its continuing expansion of a vehicle that fits the bill for many, but not all.

Tesla brings closure to Model Y moniker with launch of new trim level

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While CEO Elon Musk has said that there is the potential for the Model Y L, a longer wheelbase configuration of the vehicle, to enter the U.S. market late this year, it is not a guarantee.

Instead, Tesla has prioritized the need to develop vehicles and trim levels that cater to the future rollout of the Robotaxi ride-hailing service and a fully autonomous future.

But the company could be missing out on a massive opportunity, as SUVs are a widely popular body style in the U.S., especially for families, as the tighter confines of compact SUVs do not support the needs of a large family.

Although there are other companies out there that manufacture this body style, many are interested in sticking with Tesla because of the excellent self-driving platform, expansive charging infrastructure, and software performance the vehicles offer.

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Additionally, the lack of variety from an aesthetic and feature standpoint has caused a bit of monotony throughout the Model Y lineup. Although Premium options are available, those three configurations only differ in terms of range and performance, at least for the most part, and the differences are not substantial.

Minor Expansions of the Model Y Fail to Address Family Needs for Space

Offering similar trim levels with slight differences to cater to each consumer’s needs is important. However, these vehicles keep a constant: cargo space and seating capacity.

Larger families need something that would compete with vehicles like the Chevrolet Tahoe, Ford Expedition, or Cadillac Escalade, and while the Model X was its largest offering, that is going away.

Tesla could fix this issue partially with the rollout of the Model Y L in the U.S., but only if it plans to continue offering various Model Y vehicles and expanding on its offerings with that car specifically. There have been hints toward a Cyber-inspired SUV in the past, but those hints do not seem to be a drastic focus of the company, given its autonomy mission.

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Tesla appears to be mulling a Cyber SUV design

Model Y Expansion Doesn’t Boost Performance, Value, or Space

You can throw all the different badges, powertrains, and range ratings on the same vehicle, it does not mean it’s going to sell better. The Model Y was already the best-selling vehicle in the world on several occasions. Adding more configurations seems to be milking it.

The true need of people, especially now that the Model X is going away, is going to be space. What vehicle fits the bill of a growing family, or one that has already outgrown the Model Y?

Not Expanding the Lineup with a New Vehicle Could Be a Missed Opportunity

The U.S. is the world’s largest market for three-row SUVs, yet Tesla’s focus on tweaking the existing Model Y ignores this. This could potentially result in the Osborne Effect, as sales of current models without capturing new customers who need more seating and versatility.

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Expansions of the current Model Y offerings risk adding production complexity without addressing core demands, and given that the Model Y L is already being produced in China, it seems like it would be a reasonable decision to build a similar line in Texas.

Listening to consumers means introducing either the Model Y L here, or bringing a new, modern design to the lineup in the form of a full-size SUV.

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Elon Musk reiterates Tesla Optimus’ most sci-fi potential yet

Musk shared his comments in a series of posts on social media platform X.

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Credit: Tesla/YouTube

Elon Musk recently reiterated one of the most ambitious forecasts for Tesla’s humanoid robot, Optimus, stating it could become the first real-world example of a Von Neumann machine. He also noted once more that Optimus would be Tesla’s biggest product.

Musk shared his comments in a series of posts on social media platform X.

Optimus as a von Neumann machine

In response to a post on X that pondered on sci-fi timelines becoming real, Musk wrote that “Optimus will be the first Von Neumann machine, capable of building civilization by itself on any viable planet.” In a separate post, Musk wrote that Optimus will be Tesla’s “biggest product ever,” a phrase he has used in the past to describe the humanoid robot’s importance to the electric vehicle maker.

A Von Neumann machine is a class of theoretical self-replicating systems originally proposed in the mid-20th century by the mathematician John von Neumann. In his concept, von Neumann described machines that could travel to other worlds, use local materials to create copies of themselves, and carry out large-scale tasks without outside intervention. 

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Elon Musk’s broader plans

Considering Musk’s comments, it appears that Optimus would eventually be capable of performing complex work autonomously in environments beyond Earth. If Optimus could achieve such a feat, it could very well unlock humanity’s capability to explore locations beyond Earth. The idea of space exploration becomes more than feasible.

Elon Musk has discussed space-based AI compute, large-scale robotic production, and the role of SpaceX’s Starship in transporting hardware and materials to other planets. While Musk did not detail how Optimus would fit with SpaceX’s exploration activities, his Von Neumann machine comments suggest he is looking at Tesla’s robotics as part of a potential interplanetary ecosystem. 

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Tesla China January wholesale sales rise 9% year-on-year

Tesla reported January wholesale sales of 69,129 China-made vehicles, as per data released by the China Passenger Car Association.

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Credit: Tesla China

Tesla China reported January wholesale sales of 69,129 Giga Shanghai-made vehicles, as per data released by the China Passenger Car Association (CPCA). The figure includes both domestic sales and exports from Gigafactory Shanghai.

The total represented a 9.32% increase from January last year but a 28.86% decline from December’s 97,171 units.

China EV market trends

The CPCA estimated that China’s passenger new energy vehicle wholesale volume reached about 900,000 units in January, up 1% year-on-year but down 42% from December. Demand has been pressured by the start-of-year slow season, a 5% additional purchase tax cost, and uncertainty around the transition of vehicle trade-in subsidies, as noted in a report from CNEV Post.

Market leader BYD sold 210,051 NEVs in January, down 30.11% year-on-year and 50.04% month-on-month, as per data released on February 1. Tesla China’s year-over-year growth then is quite interesting, as the company’s vehicles seem to be selling very well despite headwinds in the market. 

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Tesla China’s strategies

To counter weaker seasonal demand, Tesla China launched a low-interest financing program on January 6, offering up to seven-year terms on select produced vehicles. The move marked the first time an automaker offered financing of that length in the Chinese market.

Several rivals, including Xiaomi, Li Auto, XPeng, and NIO, later introduced similar incentives. Tesla China then further increased promotions on January 26 by reinstating insurance subsidies for the Model 3 sedan. The CPCA is expected to release Tesla’s China retail sales and export breakdown later this month.

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