Elon Musk accuses SEC of unlawfully muzzling him
The dispute stems from an October 2018 agreement Musk signed with the SEC because of his tweets about having "funding secured" to take Tesla private.
www.nbcnews.com
Who else?
DETROIT — U.S. securities regulators are unlawfully muzzling Tesla CEO Elon Musk, violating his free speech rights by continually trying to enforce a 2018 securities fraud settlement, Musk's lawyer contends in a court brief.
The document, filed late Tuesday with the federal appeals court in Manhattan, was written to support Musk's appeal of a lower court's April decision to uphold the settlement with Securities and Exchange Commission.
The brief says that a provision in the settlement requiring Musk to get prior approval before tweeting about the electric car company is an illegal "government-imposed muzzle on Mr. Musk's speech before it is made."
I wonder if this was one of his initial thoughts on owning Twitter - the rules don't apply if he owns the platform maybe?
A reminder what caused this:
View: https://twitter.com/elonmusk/status/1026872652290379776
Tesla's stock jumped by over 6% after that tweet, leading to significant market disruption, according to regulators.
After much verbal foot-stomping, trolling on Twitter and complaints that the SEC's actions were unjustified, Musk ended up settling with the SEC in October 2018. The settlement saw both Musk and Tesla pay separate $20 million fines. Musk also had to step down as chairman of Tesla, and agree to the provision to have some of his tweets and social media communications checked by a lawyer to ensure no more stock market seesawing would occur.
In November 2021, Musk asked his Twitter followers if he should sell 10% of his stake in Tesla to cover tax bills on stock options. The result was a sharp decrease in Tesla shares.
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