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The SEC’s obsession with Elon Musk’s Twitter is still alive and well
Tesla CEO Elon Musk’s Twitter feed was being questioned by SEC regulators last year, as the agency stated that his social media account had violated a court-ordered policy from a 2018 settlement that would require his Tweets to be pre-approved by company lawyers.
After Musk tweeted that he was interested in taking Tesla stock private at $420 a share in 2018, the SEC alleged that the CEO had committed fraud by communicating a potential buyout of the electric car company. The case was later settled by the SEC, Tesla, and Musk, who was required to pay $20 million in fines. Tesla also was required to pay a penalty of the same amount, and the settlement required Musk’s tweets to be examined and approved before he sent them out. Musk was also required to step down as Tesla’s chairman, a position that he would be ineligible to be re-elected to for three years, the SEC settlement said.
Musk paid the penalties and stepped down as the Chairman of the Board. However, in an interview with 60 Minutes, he admitted that he was not having his tweets regulated by company attorneys and that the First Amendment protected his speech. “Twitter is a warzone,” Musk said. “I do not respect the SEC,” he also said in the interview.
Am considering taking Tesla private at $420. Funding secured.
— Elon Musk (@elonmusk) August 7, 2018
Now, The Wall Street Journal is reporting that it has uncovered several documents from the SEC that indicated that Musk violated the court-ordered pre-approval of his tweets last year. The SEC told Tesla in May 2020 that it had failed “to enforce these procedures and controls despite repeated violations by Mr. Musk.” A former SEC Senior Official named Steven Buchholz signed the letter and stated that Tesla failed to oblige by the settlement that was agreed to.
The WSJ said it obtained the documents through a Freedom of Information Act request.
Musk’s Twitter activity was difficult to regulate. The SEC asked a New York City court to consider holding Musk in contempt of court in February 2019, but the Judge said that the dispute needed to be settled, and the SEC agreed to modify the terms of the settlement. Instead, certain topics would be required for pre-approval and included anything regarding production figures, Tesla’s financials, and potential business ventures. Musk tweeted an update in July 2019 that updated his followers on his expectations for Tesla’s Solar Roof production rate and hoped that the company could manufacture 1,000 units per week by the end of the year.
Spooling up production line rapidly. Hoping to manufacture ~1000 solar roofs/week by end of this year.
— Elon Musk (@elonmusk) July 30, 2019
Tesla told the SEC that the tweet didn’t require approval because it was “wholly aspirational,” meaning that it was just a hope of Musk’s and that production wouldn’t necessarily reach that level. It was a goal, not an update.
Musk then tweeted that “Tesla’s stock price is too high imo” in May 2020, another tweet that put the SEC into the realm of questioning Musk’s Twitter usage. According to the WSJ, Tesla once again didn’t review the tweet because it was Musk’s opinion.
Tesla stock price is too high imo
— Elon Musk (@elonmusk) May 1, 2020
In response to Tesla’s decision not to review the tweet, the SEC wrote (via Wall Street Journal):
“In the face of Mr. Musk’s repeated refusals to submit his covered written communications on Twitter to Tesla for pre-approval, we are very concerned by Tesla’s repeated determinations that there have been no policy violations because of purported carve-outs.”
Tesla’s attorneys said later that month that regulators have attempted to “harass Tesla and silence Mr. Musk” with repeated investigations.
Attorney Alex Spiro was concerned that the SEC was simply targeting Musk. “The serial nature of these investigations leaves us gravely concerned that the SEC is targeting Mr. Musk for an improper purpose,” Spiro wrote.
The SEC requested that Tesla reconsider its positions in the investigations to “prevent further shareholder harm.”
A June 2020 letter from the SEC said:
“We urge the company to reconsider its positions in this matter by acting to implement and enforce disclosure controls and procedures…to prevent further shareholder harm.”
The rivalry between the SEC and Musk continues, it seems, with no real end in sight. Spiro’s claims that the SEC is targeting Musk align with the fact that the agency has repeatedly gone after the Tesla CEO with the basis that he is manipulating stock prices or affecting shareholder integrity. In reality, Musk’s ability to tweet is protected by his First Amendment right, and a shareholder decides to buy or sell a stock, not Musk.
What do you think? Let us know in the comments below, or be sure to email me at joey@teslarati.com or on Twitter @KlenderJoey.
Elon Musk has publicly questioned Moody’s credit assessments following the rating agency’s decision to assign SpaceX a Baa1 investment-grade rating, two notches above Tesla’s Baa3. The comments came amid discussions comparing the two companies’ financial profiles.
SpaceX earned its first-time Baa1 rating with a stable outlook from Moody’s. The agency highlighted the company’s leadership in orbital launches, the growing recurring revenue from its Starlink satellite network, strong vertical integration, U.S. government contracts, and emerging opportunities in AI infrastructure.
These factors were cited as supporting robust cash flows, margin expansion, and financial flexibility.
Musk responded directly: “Tesla’s credit rating is ridiculously low tbh,” and added, “Yeah, makes no sense. Tesla has over $40B in cash, no debt, and is consistently profitable!” His remarks underscored Tesla’s balance sheet strength and profitability at a time when many traditional automakers continue to report losses in the shift to electric vehicles.
Yeah, makes no sense.
Tesla has over $40B in cash, no debt and is consistently profitable!
— Elon Musk (@elonmusk) June 19, 2026
Tesla maintains a leading position in the global EV market, with diversification into energy and storage, battery technology, and robotics through projects like Optimus. Recent financial updates show the company generated positive free cash flow of $1.4 billion in Q1 2026, supported by operating cash flow of $3.9 billion. Cash and short-term investments stood at approximately $44.7 billion.
Moody’s has affirmed Tesla’s Baa3 issuer rating with a stable outlook in periodic reviews, acknowledging the company’s EV leadership, technology strengths, including AI for autonomous vehicles, solid profitability, and strong liquidity.
Tesla (TSLA) scores Baa3 Moody’s rating for ‘stable’ outlook
However, the agency has also noted challenges in the automotive segment and expectations for margin pressures.
Musk’s critique highlights a common debate about how traditional rating methodologies apply to high-growth, capital-intensive technology companies. SpaceX benefits from long-term government-backed contracts and diversified, recurring revenue streams, while Tesla’s valuation reflects heavy investment in future technologies such as autonomy and robotics.
Both ratings remain investment-grade, yet the one-notch difference has fueled online discussion about potential inconsistencies in evaluating innovative firms.
The exchange comes as SpaceX explores financing options following its recent valuation milestones, while Tesla continues executing on its multi-year roadmap. Musk’s pointed response serves as a reminder that credit ratings, though influential for borrowing costs, represent one lens through which markets assess corporate strength—and that company leaders often view their financial positions through the lens of long-term innovation and cash generation rather than short-term risk metrics alone.
A new report from Reuters claims that a transport authority in Sweden is pushing back against the approval of Tesla’s Full Self-Driving suite because it will travel over speed limits.
The report says the Swedish Transport Administration (TRV) recommends the European Union votes against FSD’s approval. TRV believes it should not be approved until Tesla disables FSD’s ability to speed.
TRV sent a letter to the European Union’s Technical Committee on Motor Vehicles (TCMV), which is set to meet on June 30 to discuss the potential approval of the Tesla FSD suite in the country. Tesla, which has received various approvals in Europe over the past two months, has not provided a comment.
Teslas operating on FSD do travel over the speed limit, depending on the Speed Profile that is chosen. Drivers have the ability to disengage FSD at any point; Tesla specifically states that those supervising the suite are responsible for its actions.
Let’s cut to the chase: humans operating any vehicle speed almost daily in the United States. Realistically, speed limits in the U.S. are more frequently treated as speed minimums. However, other countries are different, and driving behaviors are less aggressive.
TRV believes that “allowing automated systems to systematically exceed legal speed limits…risks undermining both the legal framework and the expected safety benefits of vehicle automation,” the report stated. It’s surprising that Tesla has not received this claim from other countries previously.
This could be a good argument to bring Max Speed back, the setting that previously allowed the driver to choose the absolute fastest the car would travel.
This would still put the responsibility of supervision in the hands of the driver. It would allow the driver to choose whether the car would travel over the speed limit or not, acknowledging that they set the speed, and if they get pulled over, there would be no ability to argue it.
However, it does not seem as if this is something Tesla will do, especially considering many U.S. drivers have requested the feature in an effort to eliminate speeding or at least tone it down. The company has not shown any interest in bringing it back.
Tesla has approvals for FSD in Europe in Estonia, Lithuania, Denmark, the Netherlands, and Belgium.
Tesla is going to let you guide Full Self-Driving with Grok in 3 months, CEO Elon Musk confirmed on X.
The response from Musk, which revealed Tesla plans to allow drivers to effectively control the car and its navigation more explicitly using Grok, puts the feature for about September.
A Tesla owner said that Full Self-Driving is great, but owners should be able to “converse with Grok like we can with an Uber driver.” She then used examples like, “Grok, turn right here,” and “Drop us off right here, we’ll walk due to traffic,” and finally,” Drop at entrance first, then park far away.”
Coincidentally, the final piece of dialogue would also mean features like Banish are potentially on the way soon.
This functionality will be there in about 3 months or so
— Elon Musk (@elonmusk) June 18, 2026
Banish is also referred to as “Reverse Summon,” and would enable the car to self-park while dropping occupants off at their destination.
This would be a great way to improve the overall experience while supervising FSD. Navigation is already a major painpoint that many owners complain about. Manual overrides when a maneuver is requested or canceled (like using the turn signal stalk to override a navigation route), do not always work.
The feature could be especially useful in street parking scenarios in a city, where spots are sometimes tough to come by. Many of us who grab dinner in a more populated area will park a street or two over from wherever we’re going, because sometimes you know that’s the best you will get. If a driver using FSD could say, “Hey Grok, turn right here on Queen St. and park in that open spot on the right,” it could save a lot of confusion FSD might have on its own.
Musk teased that a similar feature was “coming” back in February:
Tesla Full Self-Driving set to get an awesome new feature, Elon Musk says
It is certainly surprising that Tesla is doing it at this point. The company’s more recent moves have been more evident of taking control and inputs away from humans and putting them in the AI’s hands more frequently. The biggest example of this was taking away Max Speed in AI4 cars, giving us Speed Profiles, and not having any input on the fastest speed the car will travel.
Of course, giving navigation preferences to Grok is availble already in Teslas, but not at the drop of a hat. Instead, you can suggest a certain route at the beginning of your drive.
Here’s an example of that from December:
🚨🏈 I am taking my parents and Fiancee to the @Ravens game next weekend and asked @Grok to help me route my @Tesla through a specific neighborhood to reach the correct Lot we will park in.
This is a great example of the new @grok nav integration with the Tesla Holiday Update: pic.twitter.com/rPp4I7q8Yv
— TESLARATI (@Teslarati) December 13, 2025
Finally, the original post that Musk responded to mentioned a parking preference after dropping off the occupants, which describes the Banish feature that Tesla has teased for years.
We’re not sure if Musk was responding more to the ability to guide the car with Grok, or whether he also was including Banish in the three-month prediction timeframe.
Elon Musk challenges Tesla credit rating from Moody’s after SpaceX gets a higher one
Tesla faces Full Self-Driving pushback in EU over ‘speeding’
