Musk files to end SEC ‘muzzle’

Musk asks for the term in his his 2018 consent decree with the SEC, that requires a company lawyer to pre-approve his Twitter communication, to be thrown out, arguing that it is “contrary to the American principles of free speech and open debate”.

The consent decree required Musk to step down as Tesla’s chairman; elect two new members to the company’s board; pay a $20 million penalty, plus a further $20 million form Tesla; establish a new committee of independent directors; and put in place additional controls and procedures to oversee Musk’s communications.

In April, after requesting the agreement be abolished, U.S. District Judge Lewis Liman refused to throw out the decree because Musk entered the terms of the decree “knowingly and willingly.” This time, Musk’s attorneys argue that the SEC’s review has become more invasive:

Under the shadow of the consent decree, the SEC has increasingly surveilled, policed, and attempted to curb Mr. Musk’s protected speech that does not touch upon the federal securities laws. Any objective served by the pre-approval provision has been served.