MUSK FILES HIS DEFENSE: Says SEC seeks to violate his First
In the filing, Musk claims the SEC is attempting to enlarge on the conditions of its settlement from this past year by restricting his speech on Twitter and that, in doing this, it seeks to violate his First Amendment rights.
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He told aide Leslie Stahl that he would”make mistakes”
“The SEC’s no chief evidence that Musk has not been diligent in his efforts to follow the Order is made up of excerpts from an interview that he gave to 60 Minutes. . .During the meeting, also consistent with all his First Amendment rights, Musk was sharply critical of the SEC. The SEC’s heavy dependence on this interview in its own motion for contempt smacks of retaliation and censorship,” Musk’s reply reads.
The SEC gave Tesla CEO Elon Musk before March 11 to argue why he did not violate a court order last month after he tweeted an erroneous statement about the business’s automobile manufacturing.
The SEC order had cautioned that Musk seek consent for tweets material to the provider.
Musk registered his response to the courtroom, arguing the SEC was seeking to expand about the order with its interpretation, which its translation violates his First Amendment right to free speech.
In reality, it stated, Musk’s tweet really represented his diligence in following the SEC’s order, because he spoke into his Twitter czar later. The CEO”reasonably” had determined that the tweet — despite containing a naturally-occurring projection — didn’t need pre-approval.
But the harm was done. The day following the tweet, Tesla’s chief lawyer quit, and over a week, the SEC had filed a claim saying that Musk had been in contempt of court. The SEC cited not only the 500,000-car tweet, but likewise an interview Musk failed with”60 Minutes” where he criticized the SEC and admitted that the Twitter czar wasn’t checking all of his tweets.
So that the SEC fined him and Tesla $20 million annually, asserting that his untrue statement illegally… Read More