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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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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 upgrades Model Y’s affordable trims with new interior features

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Credit: Tesla

Tesla has upgraded the Model Y’s two most affordable trims, the Rear-Wheel-Drive and All-Wheel-Drive, with two new interior features that bring them level with their “Premium” siblings.

The Rear-Wheel-Drive (RWD) and All-Wheel-Drive (AWD) trims, formerly known as the “Standard” offerings of Tesla’s most popular vehicle, are now fitted with the all-black headliner and a higher-quality 16-inch center screen, two features that were added to the Premium trims earlier this year.

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The RWD and AWD trims of the Model Y now have a more premium interior feel with these upgrades, and it also appears to be a move by Tesla to streamline manufacturing by eliminating variance across configuration levels.

It makes production less complicated when the interior colors are all identical. Additionally, all Model Y builds now have the larger and higher-resolution screen than previous model years.

Priced at $39,990 and $41,990, respectively, the Model Y RWD and AWD are quite different from the Premium trims. Tesla aimed to make an affordable version of what has been the best-selling car in the world on several occasions, enabling more accessibility.

The differences from an interior standpoint are noticeable, as there is significantly less storage, a lack of A/C seats, and no glass roof. However, the car is still a great option and features a good powertrain, strong range ratings of 321 miles for the RWD and 294 miles for the AWD, and a great ride quality.

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Tesla Model Y Standard Full Review: Is it worth the lower price?

Other shortcomings are the lack of acoustic-lined windows, which are featured in the Premium trims to help with excess cabin noise. In our testing of the Model Y Standard back in late 2025, this was perhaps the most noticeable difference between it and the Premium trim. The stereo was also a huge difference:

The RWD and AWD trims of the Model Y are still a great vehicle at an affordable price, and you can experience them for yourself at your local Tesla showroom. Test drives are always available, and it’s a great way to experience an EV for yourself, especially if you have no knowledge about them.

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Investor's Corner

Tesla has its answer to auto growth, it just has to bring it to the U.S.: analyst

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Credit: Tesla China

Tesla has its answer to grow its automotive sales over the next few years, TD Cowen analyst Itay Michaeli says, but it just has to bring it to the U.S.

On Thursday, Michaeli reiterated his $490 price target and the ‘Buy’ rating he already held on Tesla stock (NASDAQ: TSLA). However, its automotive division has struggled to show sequential growth over the past few years, mostly due to its focus on AI and Full Self-Driving. Tesla already axed two of its lower-volume vehicles with the Model S and Model X earlier this year.

However, Tesla does not need to engineer an entire new vehicle to trigger an upward tick in sales; it just has to bring it from China to the U.S., Michaeli said.

He is talking about the Model Y L, a slightly larger version of the all-electric crossover that is already available in China. U.S. customers have been pleading with CEO Elon Musk to bring it to the country since its launch in Asia last year, but he’s not convinced of it because of the advent of self-driving and its importance in this particular market.

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The problem is that Tesla owners have been requesting something larger that could fit a typical American family. The Model Y L is slightly larger than the standard Model Y, but some are concerned that it could still be too small to fit what most people might need.

Instead, they have asked for a full-size SUV from Tesla.

Tesla gives big hint that it will build Cyber SUV, smaller Cybertruck

Nevertheless, the Model Y L still presents a great opportunity for Tesla in the U.S., and Michaeli says that there is an additional sales opportunity of about 100,000 units, with demand potential falling somewhere between 60,000 and 135,000 units.

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TD Cowen’s note to investors also analyzed that Tesla’s growth could come from a stock perspective as well, positively impacting the stock price, as it has been widely reliant on vehicle sales, even though Tesla has truly phased itself away from that being an important metric.

Tesla stands to gain greatly from the introduction of the Model Y L in the U.S., but only if Elon Musk sees it as a viable fit for the market. Families may need to see Tesla bring something larger to the U.S., or they might be forced to buy from another automaker that offers something that fits is needs for more interior space to haul around the kids.

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Elon Musk

Tesla Hardware 3 owners could be made whole this month

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tesla-asia-model-3
Credit: Tesla Asia/Twitter

Tesla Hardware 3 owners are set to get a new Full Self-Driving version this month as the company plans to release what it is referring to as v14 Lite.

The rollout is not yet confirmed for June, but Tesla executives have stated on several occasions that this more refined FSD iteration will work with their cars and increase its capabilities.

This comes after Tesla admitted during its last Earnings Call that these Hardware 3 vehicles would not be able to achieve Full Self-Driving, something that they did not know when they bought these cars. We regularly receive messages from Hardware 3 owners asking when v14 Lite will come out, what they should expect, and whether it is worth it to upgrade the self-driving computer or buy a new car altogether.

It is hard not to feel for them; Tesla CEO Elon Musk said at the company’s 2019 Autonomy Day that all vehicles produced at the time, including Hardware 3 cars, had “all the hardware necessary, compute and otherwise, for Full Self-Driving.”

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Musk also said in March of that year that, “Anyone who purchased Full Self-Driving will get FSD computer upgrade for free.”

However, during the Q1 2026 Earnings Call, Musk admitted that Hardware 3 vehicles would not be capable of FSD, as “It has only 1/8th the memory bandwidth of Hardware 4, and memory bandwidth is one of the key elements needed for unsupervised FSD.”

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Tesla has made some effort to remedy these Hardware 3 owners by offering:

  • Discounted trade-ins toward AI4 cars
  • Hardware retrofits, which would replace the self-driving computer and upgrade all cameras
  • Full Self-Driving v14 Lite

The issue is that many of these owners were led to believe their cars would be capable of unsupervised self-driving. Now, they’re left scrambling for options, and while there are several, they will all require more money out of their pockets.

Expectations for Tesla v14 Lite for Hardware 3 Owners

The big differences between the AI4 v14 and v14 Lite for Hardware 3 owners will stem primarily from hardware constraints. Tesla developed v14 Lite with an optimized frame of mind; the v14 neural nets are toned down to run on an HW3 computer.

Tesla v14 will use the same behavior, but its limits will be hardware-related, especially given that the cameras on HW3 vehicles are lower-resolution.

Tesla reveals its plans for Hardware 3 owners who are eager for updates

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This will result in potentially more edge cases due to the lower quality perception and less long-range detection, but reaction time and overall confidence should be more refined.

There should also be a handful of additional features that are available on AI4 cars, such as:

  • Starting Full Self-Driving from Park
  • Auto Shift
  • Streaks
  • Speed Profiles
  • Improved Dynamics, like Pulling Over for Emergency Vehicles

Tesla plans to release v14 Lite this month, but we are all familiar with how the company can be with timelines. Additionally, if v14 Lite has not proven to be ready for a wide release, Tesla will slam the brakes on the rollout.

We would anticipate that Tesla is testing v14 Lite internally, and likely has been for several months.

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