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SEC says Elon Musk failing to get his Tesla tweets pre-approved is ‘stunning’

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Elon Musk was meant to have his Tesla tweets pre-approved. The SEC claims he didn't bother.
Elon Musk was meant to have his Tesla tweets pre-approved. The SEC claims he didn’t bother.

Image: Robyn Beck-Pool/Getty Images

The barbs continue to be thrown over Elon Musk’s tweeting.

As part of a settlement with the Securities and Exchange Commission (SEC) over that notorious “funding secured” tweet, Musk agreed to have certain tweets pre-approved by Tesla.

The tweets to be vetted were ones “that contain, or reasonably could contain, information material” to the company or its shareholders. 

The agreement was reached following the SEC’s allegation that Musk’s $420 tweet was “false and misleading,” and had created significant confusion in the market.

Anyway, it turns out Musk apparently hasn’t had any of his tweets vetted, according to a filing submitted by the SEC late on Monday. The SEC called the revelation “stunning.”

“Musk made no diligent or good faith effort to comply with the pre-approval provision of the Court’s order,” the filing read.

“Musk failed to seek pre-approval of any of his Tesla-related tweets, from the time Tesla implemented its Court-ordered Policy until the SEC filed this motion.”

The response follows the SEC’s allegation that Musk’s Feb. 19 tweet about Tesla’s production numbers was a violation of the agreement, and thus was a contempt of court. 

Musk, who later clarified the tweet to say the number was based on the company making 10,000 cars a week, called the action an “unprecedented overreach” by the SEC, and a violation of his free speech. The SEC rejected the claim in its latest filing.

“Submitting his written statements for pre-approval does not, as Musk baldly asserts, mean that he is prohibited from speaking,” it reads.

“As long as a statement submitted for pre-approval is not false or misleading, Tesla would presumably approve its publication without any restraint on Musk.”

You can read the rest of the filing here.

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