Tesla CEO Elon Musk pushes to eliminate ‘funding secured’ consequences

Steve Jurvetson / Steve Jurvetson, CC BY 2.0

Tesla CEO Elon Musk is continuing to push to eliminate sanctions the Securities and Exchange Commission (SEC) placed on him related to the “funding secured” saga of 2018, when he stated he would take the automaker’s stock private at $420 a share.

Musk asked the U.S. Supreme Court last week whether the SEC had done more than it had the authority to when imposing the sanctions, which included fines and monitoring his corporate communications, including his X, then known as Twitter, feed.

Musk has referred to the latter punishment as a “muzzle.”

Appealing a decision from earlier this year that upheld the consent decree as it has also been referred to, Musk asked the Supreme Court to hear the same appeal. In May, the U.S. Circuit of Appeals rejected the request the Tesla CEO made to throw out the sanctions.

Musk’s lawyers said the SEC overstepped its boundaries by imposing the punishments and that they violated his First Amendment right to free speech by creating a “gag rule,” Reuters said in its report.

Musk’s appeals regarding other issues have already been agreed to by one court.

The 5th U.S. Circuit Court of Appeals, which is based in New Orleans, has already decided to reconsider its decision in March that Musk violated federal labor laws by stating that Tesla employees would lose stock options if they became unionized.

Unionization has been an issue for some time, and more recently, Tesla has felt the effects of these efforts as Swedish employees are striking and other European countries are refusing to unload the company’s vehicles as a sign of solidarity.

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.

Joey Klender: Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his time at TESLARATI, Joey has broken several big stories, including the first images of the Tesla Model S Plaid, the imminent release of the 4680 Model Y through EPA certification, and several expansions to the Lucid AMP-1 factory in Arizona, to name a few. His stories have been featured in several publications, including Yahoo! Finance, Fox News, CNET, and Seeking Alpha. 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 Twitter @KlenderJoey.
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