Elon Musk wins court victory in a dispute over a 2018 post during a labor dispute

A national appeals tribunal says nan National Labor Relations Board was incorrect to bid that Tesla CEO Elon Musk delete a 2018 societal media station that national leaders saw arsenic a threat to worker banal options

NEW ORLEANS -- A national agency was incorrect to bid that Tesla CEO Elon Musk delete a 2018 societal media post that national leaders saw arsenic a threat to worker banal options, a sharply divided national appeals tribunal has ruled.

The lawsuit progressive a station made connected what was past known arsenic Twitter during United Auto Workers organizing efforts astatine a Tesla installation successful Fremont, California. The station was made years earlier Musk bought nan platform, now known arsenic X, successful 2022.

On May 20, 2018, Musk tweeted: “Nothing stopping Tesla squad astatine our car works from voting union. Could do truthful tmrw if they wanted. But why salary national dues and springiness up banal options for nothing? Our information grounds is 2X amended than erstwhile works was UAW & everybody already gets healthcare.”

The National Labor Relations Board said it was an forbidden threat. After Tesla appealed, 3 judges connected nan 5th U.S. Circuit Court of Appeals successful New Orleans upheld that decision, arsenic good arsenic a related NLRB bid that Tesla rehire a fired employee, pinch backmost pay.

But Tesla sought a rehearing, and nan afloat 5th Circuit later threw retired nan earlier determination and voted to perceive nan matter again. In an sentiment dated Friday, nan judges divided 9-8 successful favour of Tesla and Musk.

“We clasp that Musk’s tweets are constitutionally protected reside and do not autumn into nan categories of unprotected connection for illustration obscenity and perjury,” nan unsigned sentiment said.

The mostly besides recovered nan NLRB must reconsider its bid that nan fired worker beryllium reinstated, saying location was nary impervious that nan personification who fired nan worker acted retired of sick will toward nan union.

The 11-page sentiment was followed by a 30-page dissent connected behalf of 8 judges, written by Judge James Dennis.

“Relevant here, nan Supreme Court has consistently held that nan First Amendment does not protect threatening, coercive employer reside to labor successful nan labour statement predetermination context— nan precise class of reside Musk disseminated via Twitter," Dennis wrote.

He besides based on that nan cognition of nan supervisor who fired nan worker was not applicable to whether he should beryllium reinstated. The worker, Dennis wrote, “was fired for declining to divulge accusation astir protected national activities during an interrogation.”

The ruling sent nan lawsuit backmost to nan NLRB for further action. It was not instantly clear if location would beryllium an entreaty to nan U.S. Supreme Court. The Associated Press sent an email to nan UAW Tuesday seeking accusation connected nan union's adjacent move.