Elon Musk’s lawyers included the Eminem lyrics in a filing over the CEO’s request to revoke a so-called consent decree requiring him to seek legal approval before he tweets about Tesla.
“The First Amendment requires that agencies proceed with caution when constitutional rights are at stake, not seek to pursue any and all novel theories that broaden their authority at the cost of individual freedom,” wrote Musk’s attorney,Tuesday’s filing even listed “Eminem, ‘Without Me’ ” under the “authorities” section of the brief, which typically contains case names and the courts that issued them. A spokesperson for the SEC did not immediately return a request for comment.
The SEC sued Musk for securities fraud in 2018 over statements he made on Twitter about potentially taking Tesla private, claiming the tweets had caused stock prices to spike by misleading investors into thinking such a deal was actually in the works. He quickly agreed to the consent decree, but has since argued that he felt “forced” to sign the deal because he was worried the lawsuit would “jeopardize the company’s financing.
In 2021, after Musk tweeted that he might sell 10 percent of his Tesla stock, the SEC demanded to know whether he had sought legal approval for the statements, as required by the consent decree. Musk responded by seeking to overturn the decree entirely.ts to control Mr. Musk’s speech,” his lawyers wrote earlier this month. “
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