Tesla's Elon Musk sues the SEC. Quoted popular Eminem rap song in latest response to

Tesla CEO Elon Musk’s legal tussle with the US Securities and Exchange Commission continues, the executive said in a filing presented in Manhattan federal court on Tuesday involving popular rapper Eminem. Musk is currently looking to terminate his 2018 agreement with the SEC, which requires him to obtain pre-approval for tweets of significant importance to Tesla.

The recent filing revealed details about Musk’s efforts to stop a renewed SEC subpoena for whether the CEO and Tesla are complying with a 2018 consent decree with the agency, especially as he polled his Twitter followers if They should have sold TSLA stock last year. Arguing his points, Musk noted in his recent filing that requiring Tesla’s lawyers to screen his tweets is unconstitutional and that he has a restraint on free speech. Musk claimed it violated his First Amendment rights.

“The First Amendment requires that agencies proceed with caution when constitutional rights are at stake, not to seek to advance any and all novel principles that broaden their authority at the expense of individual liberty. Eminem Compare, ‘Without Me’ (2002) (‘The .’) [SEC] Won’t let me be or let me be so let me see / They tried to shut me up. , .’) with Citadel Broad. Co., Mem. Opp. and Order, 17 FCC RCD 483 (2002) (Repealing penalties against radio stations for playing Eminem songs and ‘The First Amendment is a significant constitutional limitation that demands that we proceed with caution and with reasonable restraint’) ,” Musk’s new filing stated.

For some context, Eminem’s lyrics referred to the US Federal Communications Commission (FCC), which fined radio stations for playing one of his popular songs, “The Real Slim Shady”, which had such themes and lyrics. Which the FCC considered offensive. The SEC, for its part, has declined to comment on Musk’s recent filing, although given his ongoing legal tussle, it would not be surprising if the agency files a response against the CEO in the near future.

In addition to referencing the popular rapper, Musk also argued that the SEC issued his summons in bad faith. The CEO dubbed the agency’s efforts a sort of “fishing campaign” intended to harass him. “The ceremonial order is not an open invitation to any fishing expedition that the Commission seeks to pursue, and the Commission is mistaken in assuming that a court cannot see behind its veil. To that end, the SEC has issued two Bar denied that ‘his summons were issued under a consent decree,’ stating instead unequivocally that ‘the summons were issued under authority granted by a formal order of inquiry,'” Musk’s filing noted. .

Musk and the SEC’s agreement was the result of the CEO’s “funding secure” fiasco in 2018. During that time, Musk attempted to take Tesla private, and he announced on Twitter that funding for the deal had been secured. The SEC charged Musk with fraud over his alleged false and misleading statements. In the end, Musk had to step down as Tesla’s chairman, and he and Tesla each paid a $20 million fine. However, Musk did not admit that he misled investors with his “funding secured” announcement.

Musk’s recent filing can be viewed below.

Scribd. By Simon Alvarez at gov.uscourts.nysd.501755.80.0

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Tesla’s Elon Musk sues the SEC. Quoted popular Eminem rap song in latest response to






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