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SEC continues to argue for Elon Musk’s “Twitter sitter” deal

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A recent letter from the US Securities and Exchange Commission (SEC) states that Tesla lawyers must still pre-approve Elon Musk’s company-related tweets, even though the billionaire won the case centered on his infamous “funding secured” tweet in 2018.

In a letter to the US Court of Appeals for the 2nd Circuit in New York, the SEC argued that Musk’s earlier settlement with the agency is constitutional and valid. Musk’s settlement followed an SEC investigation into the CEO’s “funding secured” claims in 2018. It was also agreed that tweets containing material Tesla-related information would be reviewed by a lawyer — fondly dubbed the CEO’s “Twitter Sitter” by the internet — before Musk posts them. 

Elon Musk’s legal team submitted a brief to a court of appeals in September 2022, seeking relief from what they alleged was a “government-imposed muzzle” that inhibits the CEO’s speech. The appeal came a month after a federal judge denied Musk’s motion to terminate his settlement provision with the SEC.

Earlier this month, a jury found that Elon Musk and Tesla were not liable in a class-action securities fraud trial centered on the CEO’s “funding secured” tweet. Musk’s lawyers then argued earlier this week that the jury verdict should be considered in an appeal against the CEO’s SEC settlement provision. 

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“In light of the jury finding that Mr. Musk’s tweets did not violate Rule 10b-5, the SEC lacks support both for the consent decree itself and for its arguments on appeal. The verdict provides further reason why the public interest in avoiding unconstitutional settlements easily subsumes the SEC’s purported stake in the consent decree,” Alex Spiro, one of Musk’s lawyers, wrote

The SEC has responded to Musk’s legal team, arguing that the findings of the jury in a private securities-fraud action does not identify a “pertinent and significant” authority. The SEC also argued that Musk is “reading too much” into his jury verdict. 

Following is the SEC’s response. 

“Appellant Elon Musk’s letter notifying this Court about a jury verdict in a private securities-fraud action does not identify a ‘pertinent and significant’ authority. Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment. The district court properly rejected his request to alter the judgment because there were no “significant” changes in factual conditions or the law that justified relief under Rule 60(b)(5). Musk asserts that the consent judgment now “lacks support” given “the jury’s finding,” but this is a non-sequitur; the consent judgment was not conditioned upon the outcome of the private litigation. 

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“Even if the verdict were somehow relevant, Musk reads too much into it. The Commission had no role in that case. Unlike in a Commission action, the private plaintiff had to prove reliance, loss causation, and damages, In re Tesla , Dkt. 655, at 7-17 (jury instructions), and it is unknown whether the verdict turned on elements that would not burden the Commission at trial, id. , Dkt. 671, at 2-3 (verdict form). Moreover, the court instructed the jury to assume that Musk’s tweets “were untrue,” which confirms the discrete point the Commission was making when it referenced the private action in its brief. Id., Dkt. 655, at 7-8.

“Ultimately, the verdict has no bearing on whether the district court correctly declined to grant the extraordinary remedy of altering Musk’s consent judgment years after entry. The verdict says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed—a communication channel designated by Tesla for disclosure. And the verdict does not justify the inapt application of the ‘unconstitutional conditions’ concept to settlements, even if this Court were to overlook Musk’s forfeiture of any arguments regarding that concept,” the SEC wrote. 

It remains to be seen whether the court will uphold or dismiss the letter submitted by Musk’s legal team. The appeal is expected to be heard in the spring, although an exact date has not yet been scheduled.

627605104 Letter From US Securities Exchange Commission Feb 22 2023 by Maria Merano on Scribd

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The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.

Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Tesla pushes back against unfair reporting of accidents

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Tesla is pushing back against the unfair reporting of accidents involving its vehicles. Many media outlets were quick to jump to conclusions about a fatal accident involving a Tesla in Katy, Texas, that happened recently.

The driver of the vehicle, which slammed into a brick house and killed a woman inside, stated the car was operating on Autopilot. Tesla CEO Elon Musk and Head of AI Ashok Elluswamy both challenged that claim, with Elluswamy revealing last night that the system was overridden by the driver, who pressed the accelerator pedal “all the way to 100%.”

Tesla finally clarifies fatal Texas crash, confirms driver manually overrode acceleration

The car reached a speed of 73 MPH during the crash, Elluswamy detailed, and stated that the accelerator pedal was even pressed after the crash.

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The story has been spread throughout the media with either incomplete or incorrect reporting, with some stories still not updated nearly 24 hours after Musk and Elluswamy posted answers about the crash on X.

The reporting has been a thorn in the side of Tesla for several years. Vehicle accidents involving Teslas are usually reported with the manufacturer’s name in the headline, while other companies are free of criticism when their cars are involved in accidents.

Here’s an example of that:

Many media outlets stated the car was in “self-driving mode” or “Autopilot mode” when the car crashed. The truth is, now that Tesla has chimed in, that the driver had manually overriden the system by pressing the accelerator. Elluswamy commented on the unfair reporting:

“This blatantly irresponsible reporting does more harm to people than they realize.

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Using Tesla self-driving is far safer than manual driving, and this was measured over 10B miles.

Planting such FUD in the minds of general public, who might not know the all the facts, might prevent them from using this technology that makes them safer.”

The damage these headlines do to Tesla and the self-driving car movement is unexplainable. Most people do not realize the safeguards that are in place with Tesla’s self-driving functions; many people who have used it know the car would never travel at that speed in a residential area, not even on the most aggressive “Mad Max” setting.

It is important to remember that Tesla Full Self-Driving is not autonomous, and the company never claimed it was. Drivers are still responsible for paying attention and remaining vigilant. They must be able to take over at all times.

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Tesla gets another layer of gamification with Free Supercharging on the line

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Credit: Tesla

Tesla Supercharging is getting yet another layer of gamification, as the company is rolling out a new competition that could win Free Supercharging miles.

Tesla is ramping up its efforts to make vehicle ownership more engaging through gamification. In June 2026, the company announced the 2026 Free Supercharging Competition, building on the Charging Passport feature introduced the previous year. This initiative turns Supercharging into a competitive, collectible adventure while offering substantial real-world incentives.

The Charging Passport, rolled out late last year, functions like a digital travel log or a year-in-review for Tesla owners. These types of things are used by many platforms, including Spotify and Apple Music, which show listeners what type of taste they had for the year.

Accessed in the Tesla App under the ‘Charging’ section, it displays a map of visited Superchargers, key stats, such as total energy charged (kWh), number of unique sites, total charging sessions, top charging day, and miles added. Owners earn collectible Charging Badges in categories, which include:

  • Charging Milestones – for total energy, consecutive weeks of Supercharging, or unique sites visited
  • Iconic Chargers – for Flagship Locations or stations near famous landmarks
  • Special Events – limited-time badges for specific experiences. These badges appear within 24 hours of qualifying activity and provide a fun, shareable recap of an owner’s Supercharging journeys. Milestone progress resets annually, allowing fresh challenges each year

The 2026 contest elevates this gamification by rewarding top performers with lifetime free Supercharging. All Supercharging sessions from January 1 to December 31, 2026, count toward the competition. To participate, owners must enable “Share Charging Data with Tesla App” in vehicle settings and open the 2026 Charging Passport in the app at least once before January 1, 2027.

Nine winners will be selected — three per region (Americas, Asia-Pacific, and EMEA, with some  countries excluded for regulatory reasons) — one in each of three categories:

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  • Longest Trip: Longest continuous streak of unique Supercharger locations where each new site is visited within 24 hours of the previous session’s start time
  • Most Unique Supercharger Sites Visited: Highest number of distinct locations
  • Most Energy Supercharged: Highest total in kWh charged at Superchargers

A unique site is defined as shown in the Tesla app or vehicle navigation. Repeat visits during a streak are allowed but do not extend the count. Ties are broken by total energy charged. Ineligible participants include vehicles already receiving free Supercharging, commercial-use vehicles (taxi, rideshare, delivery), Tesla employees and their immediate families, and residents of certain excluded countries.

Winners receive free Supercharging on the winning vehicle for as long as they own or lease it.

This contest is part of Tesla’s broader gamification strategy. The Safety Score has long rewarded safe driving habits with a numerical rating that can influence insurance rates or feature access. The referral program incentivizes owners with credits or free Supercharging months for successful referrals.

In-app statistics, streaks, and community features further encourage engagement. Older third-party apps even awarded “mayor” titles for frequenting specific Superchargers.

By combining digital badges, competitive leaderboards, and high-value rewards, Tesla boosts network utilization, gathers usage data, and fosters deeper owner loyalty. The 2026 Free Supercharging Competition invites enthusiasts to plan epic road trips while turning everyday charging into a rewarding pursuit. With the Passport already proving popular, expect heightened activity across the Supercharger network throughout the year.

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Tesla tops American-Made Index for sixth-consecutive year

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Credit: Tesla

Tesla is atop the American-Made Index from Cars.com for the sixth-straight year, as the Model 3 and Model Y took the top two spots, respectively.

Last year, the Model 3, Model Y, Model S, and Model X took the top four spots, respectively. The company has routinely performed well in the Index. However, Tesla discontinued its flagship Model S and Model X earlier this year, which took the two cars out of the ranking.

Cybertruck is not considered due to its curb weight being above the 8,500-pound threshold, which eliminates it from being required to have more detailed assembly information.

Cars.com uses five main categories to develop its rankings:

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  • Location(s) of final assembly
  • Percentage of U.S. and Canadian parts
  • Countries of origin for all available engines
  • Countries of origin for all available transmissions
  • U.S. manufacturing workforce

These five major factors are then put into a 100-point scale. The vehicles with the highest scores sit atop the list. The Model 3 edged out the Model Y.

Tesla uses a strong domestic strategy to build its cars and parts domestically. It relies on intense vertical integration that reduces its dependence on global suppliers, keeping more value and jobs in the United States.

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This strategy has helped Tesla gain a strong reputation for domestically produced vehicles and parts. However, it helps it with more than just awards like this one. Keeping a supply chain local has also helped insulate Tesla more than others from tariffs and supply chain disruptions.

This year’s American-Made Index from Cars.com studied nearly 400 vehicles from the 2026 model year. Tesla was the only manufacturer to have an EV inside the Top 10. The Kia EV9 was the next EV to make the list, scoring the 17th position.

The Hyundai IONIQ 5 was 21st, and the final EV to make the list was the Cadillac LYRIQ in 77th.

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