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.
“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.
“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
The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.
Cybertruck
Tesla confirms date when new Cybertruck trim will go up in price
Tesla has officially revealed that this price will only be available until February 28, as the company has placed a banner atop the Design Configurator on its website reflecting this.
Tesla has confirmed the date when its newest Cybertruck trim level will increase in price, after CEO Elon Musk noted that the All-Wheel-Drive configuration of the all-electric pickup would only be priced at its near-bargain level for ten days.
Last week, Tesla launched the All-Wheel-Drive configuration of the Cybertruck. Priced at $59,990, the Cybertruck featured many excellent features and has seemingly brought some demand to the pickup, which has been underwhelming in terms of sales figures over the past couple of years.
Tesla launches new Cybertruck trim with more features than ever for a low price
When Tesla launched it, many fans and current owners mulled the possibility of ordering it. However, Musk came out and said just hours after launching the pickup that Tesla would only keep it at the $59,990 price level for ten days.
What it would be priced at subsequently was totally dependent on how much demand Tesla felt for the new trim level, which is labeled as a “Dual Motor All-Wheel-Drive” configuration.
Tesla has officially revealed that this price will only be available until February 28, as the company has placed a banner atop the Design Configurator on its website reflecting this:
NEWS: Tesla has officially announced that the price of the new Cybertruck Dual-Motor AWD will be increasing after February 28th. pic.twitter.com/vZpA521ZwC
— Sawyer Merritt (@SawyerMerritt) February 24, 2026
Many fans and owners have criticized Tesla’s decision to unveil a trim this way, and then price it at something, only to change that price a few days later based on how well it sells.
Awful way to treat customers – particularly when they already sent out a marketing email announcing the $59,990 truck…with zero mention of it being a limited-time offer.
— Ryan McCaffrey (@DMC_Ryan) February 24, 2026
It seems the most ideal increase in price would be somewhere between $5,000 and $10,000, but it truly depends on how many orders Tesla sees for this new trim level. The next step up in configuration is the Premium All-Wheel-Drive, which is priced at $79,990.
The difference between the Dual Motor AWD Cybertruck and the Premium AWD configuration comes down to towing, interior quality, and general features. The base package is only capable of towing up to 7,500 pounds, while the Premium can handle 11,000 pounds. Additionally, the seats in the Premium build are Vegan Leather, while the base trim gets the textile seats.
It also has only 7 speakers compared to the 15 that the Premium trim has. Additionally, the base model does not have an adjustable ride height, although it does have a coil spring with an adaptive damping suspension package.
Cybertruck
Tesla set to activate long-awaited Cybertruck feature
Tesla will officially activate the Active Noise Cancellation (ANC) feature on Cybertruck soon, as the company has officially added the feature to its list of features by trim on its website.
Tesla is set to activate a long-awaited Cybertruck feature, and no matter when you bought your all-electric pickup, it has the hardware capable of achieving what it is designed to do.
Tesla simply has to flip the switch, and it plans to do so in the near future.
Tesla will officially activate the Active Noise Cancellation (ANC) feature on Cybertruck soon, according to Not a Tesla App, as the company has officially added the feature to its list of features by trim on its website.
Tesla rolls out Active Road Noise Reduction for new Model S and Model X
The ANC feature suddenly appeared on the spec sheet for the Premium All-Wheel-Drive and Cyberbeast trims, which are the two configurations that have been delivered since November 2023.
However, those trims have both had the ANC disabled, and although they are found in the Model S and Model X, and are active in those vehicles, Tesla is planning to activate them.
In Tesla’s Service Toolbox, it wrote:
“ANC software is not enabled on Cybertruck even though the hardware is installed.”
Tesla has utilized an ANC system in the Model S and Model X since 2021. The system uses microphones embedded in the front seat headrests to detect low-frequency road noise entering the cabin. It then generates anti-noise through phase-inverted sound waves to cancel out or reduce that noise, creating quieter zones, particularly around the vehicle’s front occupants.
The Model S and Model X utilize six microphones to achieve this noise cancellation, while the Cybertruck has just four.
Tesla Cybertruck Dual Motor AWD estimated delivery slips to early fall 2026
As previously mentioned, this will be activated through a software update, as the hardware is already available within Cybertruck and can simply be activated at Tesla’s leisure.
The delays in activating the system are likely due to Tesla Cybertruck’s unique design, which is unlike anything before. In the Model S and Model X, Tesla did not have to do too much, but the Cybertruck has heavier all-terrain tires and potentially issues from the aluminum castings that make up the vehicle’s chassis, which are probably presenting some challenges.
Unfortunately, this feature will not be available on the new Dual Motor All-Wheel-Drive configuration, which was released last week.
News
Tesla Model S and X customization options begin to thin as their closure nears
Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.
Tesla Model S and Model X customization options are beginning to thin for the first time as the closure of the two “sentimental” vehicles nears.
We are officially seeing the first options disappear as Tesla begins to work toward ending production of the two cars and the options that are available to those vehicles specifically.
Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.
🚨 Tesla Model S and Model X availability is thinning, as Tesla has officially shown that the Lunar Silver color option on both vehicles is officially sold out
To be fair, Frost Blue is still available so no need to freak out pic.twitter.com/YnwsDbsFOv
— TESLARATI (@Teslarati) February 25, 2026
Tesla is making way for the Optimus humanoid robot project at the Fremont Factory, where the Model S and Model X are produced. The two cars are low-volume models and do not contribute more than a few percent to Tesla’s yearly delivery figures.
With CEO Elon Musk confirming that the Model S and Model X would officially be phased out at the end of the quarter, some of the options are being thinned out.
This is an expected move considering Tesla’s plans for the two vehicles, as it will make for an easier process of transitioning that portion of the Fremont plant to cater to Optimus manufacturing. Additionally, this is likely one of the least popular colors, and Tesla is choosing to only keep around what it is seeing routine demand for.
During the Q4 Earnings Call in January, Musk confirmed the end of the Model S and Model X:
“It is time to bring the Model S and Model X programs to an end with an honorable discharge. It is time to bring the S/X programs to an end. It’s part of our overall shift to an autonomous future.”
Fremont will now build one million Optimus units per year as production is ramped.
Tesla confirms date when new Cybertruck trim will go up in price
Tesla set to activate long-awaited Cybertruck feature
