Supreme Court Rejects Elon Musk’s Legal Request

Photo by Adam Michael Szuscik on Unsplash

( – On Monday, the Supreme Court declined to hear the challenge brought forward by Elon Musk regarding a Securities and Exchange Commission (SEC) 2018 settlement agreement that would require lawyers to provide approval for some of the public posts that he had made about Tesla. 

In December Musk had brought forward the appeal to the Supreme Court claiming that the agreement was unconstitutional and that it was restraining his First Amendment speech rights. His legal team filed a petition to the high court in which they claimed that the pre-approval provision was restricting Musk’s capabilities to speak accurately and truthfully and that this was the embodiment of prior restraint which is forbidden by the law. 

They continued by noting the constant threat of contempt, fines, and even potential imprisonment for speech that under different circumstances would have been protected. 

The 2018 settlement came after Musk was accused of using social media posts, specifically Twitter posts to influence the Tesla stock market. These claims came after Musk posted a tweet in which he stated that he intended to take Tesla private, which caused its stock to increase. 

In 2022, Musk called for a lower court to make modifications to the agreement and argued that it was unconstitutional and that the SEC had been abusing the settlement to improperly restrict his speech.

Still, last May the federal appeals court rejected Musk’s challenge and argued that no evidence supported Musk’s contention that the SEC had used its position in bad faith. 

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