nypost.com Open in urlscan Pro
192.0.66.32  Public Scan

URL: https://nypost.com/2023/12/07/business/elon-musk-appeals-dispute-over-tesla-funding-secured-tweet-to-supreme-court/
Submission: On February 12 via api from US — Scanned from DE

Form analysis 1 forms found in the DOM

<form class="search__form">
  <div class="search__inner" role="search">
    <label for="search-input-header" class="screen-reader-text"> Search </label>
    <input type="search" name="s" class="search__input" id="search-input-header" placeholder="Type to Search" tabindex="-1" data-search-header="input">
  </div>
  <button class="search__submit" type="submit" tabindex="-1" aria-label="Click to Search" data-search-header="submit">
    <span class="search__submit-text">Search</span>
  </button>
</form>

Text Content

Primary Menu Sections
 * News Open sub menu
   * Politics
 * Metro
 * Page Six
 * Sports Open sub menu
   * NFL
   * MLB
   * NBA
   * NHL
   * College Football
   * College Basketball
 * Post Sports+
 * Sports Betting
 * Business Open sub menu
   * Personal Finance
 * Opinion
 * Entertainment Open sub menu
   * TV
   * Movies
   * Music
   * Celebrities
   * Awards
   * Theater
 * Shopping
 * Lifestyle Open sub menu
   * Weird But True
   * Health
   * Sex & Relationships
   * Viral Trends
   * Human Interest
   * Parenting
   * Fashion & Beauty
   * Food & Drink
   * Travel
 * Real Estate
 * Media
 * Tech
 * Astrology
 * Video
 * Photos
 * Visual Stories
 * Sub Menu 1
   * Today’s Paper
   * Covers
   * Columnists
   * Horoscopes
   * Crosswords & Games
   * Sports Odds
   * Podcasts
   * Careers
 * Sub menu 2
   * Email Newsletters
   * Official Store
   * Home Delivery
   * Tips

Log In
Search Email
New York Post



Search
Search



Business
 * Facebook
 * Twitter
 * Flipboard
 * WhatsApp
 * Email
 * Copy
 * 
 * 1818 Comments


ELON MUSK APPEALS DISPUTE OVER TESLA ‘FUNDING SECURED’ TWEET TO SUPREME COURT

By
Reuters


Thanks for contacting us. We've received your submission.

Back to Reading
Published Dec. 7, 2023, 3:44 p.m. ET
Musk's Neuralink: First Patient Receives Brain Implant




MORE ON: ELON MUSK


 * JUDGE ORDERS ELON MUSK TO TESTIFY IN SEC’S TWITTER PROBE


 * ELON MUSK BOUGHT TWITTER AFTER THEN-CEO REFUSED TO BAN BILLIONAIRE’S JET
   TRACKING ACCOUNT: BOOK


 * HOW ELON MUSK QUICKLY DESTROYED THE TWITTER THAT JACK DORSEY BUILT


 * ELON MUSK’S NEURALINK INCORPORATING IN NEVADA AFTER DELAWARE JUDGE AXES TESLA
   PAY

Billionaire businessman Elon Musk on Thursday asked the US Supreme Court to
consider whether the Securities and Exchange Commission overstepped its
authority in enforcing a consent decree that he has called a “muzzle” on his
constitutional free speech rights, his lawyer said.

Musk asked the justices to hear his appeal of a lower court’s decision in May
that upheld the decree, which arose from his August 2018 post on the social
media platform then called Twitter, now called X, that he had “funding secured”
to take his electric car company Tesla private, his lawyer said.

A three-judge panel of the Manhattan-based 2nd US Circuit of Appeals rejected
Musk’s claim that the SEC, which accused him of defrauding investors, exploited
the decree to conduct harassing investigations into his use of Twitter.

Musk bought the social media platform last year and renamed it.

The consent decree was part of a settlement with the SEC under which Musk and
Tesla each paid $20 million fines, Musk gave up his role as Tesla’s chairman and
he agreed to let a Tesla lawyer approve some Twitter posts in advance.

The consent decree was part of a settlement with the SEC under which Elon Musk
and Tesla each paid $20 million fines, Musk gave up his role as Tesla’s chairman
and he agreed to let a Tesla lawyer approve some Twitter posts in advance. Getty
Images

In its ruling, the three-judge panel said Musk could not revisit the screening
of Twitter posts because he had “changed his mind.”

The 2nd Circuit in July denied Musk’s request to rehear the case.

Musk’s lawyers have said the SEC had no right to impose, as a condition of
settling, a “gag rule” that they contend violated the Constitution’s First
Amendment constraints on governmental limits on free speech.

Musk asked the Supreme Court justices to hear his appeal of a lower
court’s decision in May that upheld the decree. Getty Images

Separately, the New Orleans-based 5th US Circuit Court of Appeals has agreed
to reconsider its March decision that Musk violated federal labor law by posting
on Twitter in May 2018 that Tesla employees would lose stock options if they
joined a union.

18
What do you think? Post a comment.

The 5th Circuit is set to hear arguments in the case in January.




SHARE THIS ARTICLE:

 * Facebook
 * Twitter
 * Flipboard
 * WhatsApp
 * Email
 * Copy
 * 
 * 1818 Comments

Filed under
 * elon musk
 * securities and exchange commission
 * supreme court
 * tesla
 * 12/7/23

Read Next US State Department funds censorship firms that favor left...





COLUMNISTS


 * STEVE CUOZZO
   
   
   NYC'S FOOD HALL FATIGUE SPELLS DOOM FOR MARKET LINE AT ESSEX CROSSING


 * CHARLES GASPARINO
   
   
   RALPH NORMAN IS DOWN A MASSIVE RABBIT HOLE AFTER HIS LATEST MEME STOCK
   CONSPIRACY


 * JENNIFER GOULD
   
   
   NYC REAL ESTATE TYCOON'S KIN CRAFTS OWN PATH WITH TOP-SHELF WHISKEY


SEE ALL COLUMNISTS



TRENDING NOW IN BUSINESS

 * This story has been shared 934 times. 934
   
   
   BIDEN CALLS ON SNACK COMPANIES TO STOP 'SHRINKFLATION,' CALLING IT 'A
   RIP-OFF'

 * This story has been shared 737 times. 737
   
   
   RANCHERS SOUND THE ALARM AS CATTLE PRODUCTION PLUMMETS TO LOWEST POINT IN
   DECADES: 'BAD SITUATION'

 * This story has been shared 720 times. 720
   
   
   CHIPOTLE SAYS TO EXPECT 'SUBSTANTIAL' PRICE INCREASES IN CALIFORNIA AFTER
   MINIMUM WAGE HIKE




NOW ON PAGE SIX




 * WHY TRAVIS KELCE BLEW UP AT CHIEFS COACH ANDY REID DURING SUPER BOWL 2024


 * EMOTIONAL TRAVIS KELCE CELEBRATES CHIEFS’ SUPER BOWL 2024 WIN WITH MOM DONNA
   AFTER TENSE OVERTIME


 * SHAQ GIFTED TAYLOR SWIFT THIS $4,495 BEDAZZLED FOOTBALL BAG AT SUPER BOWL
   2024: ‘THE 87!’

See All

VIDEO


 * COPS WATCHED NETFLIX, LIFTED WEIGHTS AT MISSING WOMAN'S HOME: 'NOT VERY
   PROFESSIONAL'





MORE STORIES


PAGE SIX

TAYLOR SWIFT AND TRAVIS KELCE KISS AFTER KANSAS CITY CHIEFS' SUPER BOWL 2024 WIN




NYPOST

TRAVIS KELCE, ANDY REID HUG IT OUT AFTER SUPER BOWL BLOW-UP

 * Facebook
 * Twitter
 * Instagram
 * LinkedIn
 * Email
 * YouTube

 * Sections & Features
   * News
   * Metro
   * Sports
   * Sports Betting
   * Business
   * Opinion
   * Entertainment
   * Fashion & Beauty
   * Shopping
   * Lifestyle
   * Real Estate
   * Media
   * Tech
   * Health
   * Travel
   * Astrology
   * Video
   * Photos
   * Visual Stories
   * Alexa
   * Covers
   * Horoscopes
   * Sports Odds
   * Podcasts
   * Crosswords & Games
   * Columnists
   * Classifieds
 * Post Sports+
   * Subscribe
   * Articles
   * Manage
 * Newsletters & Feeds
   * Email Newsletters
   * RSS Feeds
   * NY Post Official Store
   * Home Delivery
     * Subscribe
     * Manage Subscription
   * Delivery Help
 * Help/Support
   * About New York Post
   * Customer Service
   * Apps Help
   * Community Guidelines
   * Contact Us
     * Tips
     * Newsroom
     * Letters to the Editor
     * Licensing & Reprints
     * Careers
     * Vulnerability Disclosure Program
 * Apps
   * iPhone App
   * iPad App
   * Android Phone
   * Android Tablet
   * Advertise
     * Media Kit
     * Contact

© 2024 NYP Holdings, Inc. All Rights Reserved Terms of Use Membership Terms
Privacy Notice Sitemap

--------------------------------------------------------------------------------

Your California Privacy Rights Manage Choices


SHARE LINK

click to copy






WE VALUE YOUR PRIVACY

We and our 52 partners store and/or access information on a device, such as
unique IDs in cookies to process personal data. You may accept or manage your
choices by clicking below, including your right to object where legitimate
interest is used, or at any time in the privacy policy page. These choices will
be signaled to our partners and will not affect browsing data.Cookie Notice


WE AND OUR PARTNERS PROCESS DATA TO PROVIDE:

Actively scan device characteristics for identification. Use precise geolocation
data. Store and/or access information on a device. Personalised advertising and
content, advertising and content measurement, audience research and services
development. List of Partners (vendors)

Allow All Manage Choices



ABOUT YOUR PRIVACY




 * YOUR PRIVACY


 * STRICTLY NECESSARY COOKIES


 * FUNCTIONAL COOKIES


 * ANALYTICS COOKIES


 * TARGETING COOKIES


 * STORE AND/OR ACCESS INFORMATION ON A DEVICE 40 PARTNERS CAN USE THIS PURPOSE


 * PERSONALISED ADVERTISING AND CONTENT, ADVERTISING AND CONTENT MEASUREMENT,
   AUDIENCE RESEARCH AND SERVICES DEVELOPMENT 52 PARTNERS CAN USE THIS PURPOSE


 * ACTIVELY SCAN DEVICE CHARACTERISTICS FOR IDENTIFICATION 5 PARTNERS CAN USE
   THIS PURPOSE


 * ENSURE SECURITY, PREVENT AND DETECT FRAUD, AND FIX ERRORS 39 PARTNERS CAN USE
   THIS PURPOSE


 * MATCH AND COMBINE DATA FROM OTHER DATA SOURCES 26 PARTNERS CAN USE THIS
   PURPOSE


 * LINK DIFFERENT DEVICES 25 PARTNERS CAN USE THIS PURPOSE


 * DELIVER AND PRESENT ADVERTISING AND CONTENT 38 PARTNERS CAN USE THIS PURPOSE


 * IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 25 PARTNERS
   CAN USE THIS PURPOSE


 * USE PRECISE GEOLOCATION DATA 19 PARTNERS CAN USE THIS PURPOSE

YOUR PRIVACY

We process your data to deliver content or advertisements and measure the
delivery of such content or advertisements to extract insights about our
website. We share this information with our partners on the basis of consent and
legitimate interest. You may exercise your right to consent or object to a
legitimate interest, based on a specific purpose below or at a partner level in
the link under each purpose. These choices will be signaled to our vendors
participating in the Transparency and Consent Framework.
More information about your privacy

List of IAB Vendors‎

STRICTLY NECESSARY COOKIES

Always Active

These cookies are necessary for the website to function and cannot be switched
off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy
preferences, logging in or filling in forms.    You can set your browser to
block or alert you about these cookies, but some parts of the site will not then
work. These cookies do not store any personally identifiable information.

FUNCTIONAL COOKIES

Functional Cookies No Consent


These cookies enable the website to provide enhanced functionality and
personalisation. They may be set by us or by third party providers whose
services we have added to our pages.    If you do not allow these cookies then
some or all of these services may not function properly.

ANALYTICS COOKIES

Analytics Cookies No Consent


We may also partner with our affiliated companies, social media platforms and
other third parties where those companies and platforms gather information
through advertising cookies of users of our site in order to deliver targeted
advertising campaigns or advertisements to such users while they are on those
social media platforms.

TARGETING COOKIES

Targeting Cookies No Consent


These cookies may be set through our site by our advertising partners. They may
be used by those companies to build a profile of your interests and show you
relevant adverts on other sites.    They do not store directly personal
information, but are based on uniquely identifying your browser and internet
device. If you do not allow these cookies, you will experience less targeted
advertising.

STORE AND/OR ACCESS INFORMATION ON A DEVICE 40 PARTNERS CAN USE THIS PURPOSE

Store and/or access information on a device No Consent


Cookies, device or similar online identifiers (e.g. login-based identifiers,
randomly assigned identifiers, network based identifiers) together with other
information (e.g. browser type and information, language, screen size, supported
technologies etc.) can be stored or read on your device to recognise it each
time it connects to an app or to a website, for one or several of the purposes
presented here.

List of IAB Vendors‎ | View Illustrations 

PERSONALISED ADVERTISING AND CONTENT, ADVERTISING AND CONTENT MEASUREMENT,
AUDIENCE RESEARCH AND SERVICES DEVELOPMENT 52 PARTNERS CAN USE THIS PURPOSE

Personalised advertising and content, advertising and content measurement,
audience research and services development No Consent


 * USE LIMITED DATA TO SELECT ADVERTISING 38 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Advertising presented to you on this service can be based on limited data,
   such as the website or app you are using, your non-precise location, your
   device type or which content you are (or have been) interacting with (for
   example, to limit the number of times an ad is presented to you).
   
   View Illustrations 

 * CREATE PROFILES FOR PERSONALISED ADVERTISING 33 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Information about your activity on this service (such as forms you submit,
   content you look at) can be stored and combined with other information about
   you (for example, information from your previous activity on this service and
   other websites or apps) or similar users. This is then used to build or
   improve a profile about you (that might include possible interests and
   personal aspects). Your profile can be used (also later) to present
   advertising that appears more relevant based on your possible interests by
   this and other entities.
   
   View Illustrations 

 * USE PROFILES TO SELECT PERSONALISED ADVERTISING 33 PARTNERS CAN USE THIS
   PURPOSE
   
   Switch Label No Consent
   
   Advertising presented to you on this service can be based on your advertising
   profiles, which can reflect your activity on this service or other websites
   or apps (like the forms you submit, content you look at), possible interests
   and personal aspects.
   
   View Illustrations 

 * CREATE PROFILES TO PERSONALISE CONTENT 13 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Information about your activity on this service (for instance, forms you
   submit, non-advertising content you look at) can be stored and combined with
   other information about you (such as your previous activity on this service
   or other websites or apps) or similar users. This is then used to build or
   improve a profile about you (which might for example include possible
   interests and personal aspects). Your profile can be used (also later) to
   present content that appears more relevant based on your possible interests,
   such as by adapting the order in which content is shown to you, so that it is
   even easier for you to find content that matches your interests.
   
   View Illustrations 

 * USE PROFILES TO SELECT PERSONALISED CONTENT 11 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Content presented to you on this service can be based on your content
   personalisation profiles, which can reflect your activity on this or other
   services (for instance, the forms you submit, content you look at), possible
   interests and personal aspects, such as by adapting the order in which
   content is shown to you, so that it is even easier for you to find
   (non-advertising) content that matches your interests.
   
   View Illustrations 

 * MEASURE ADVERTISING PERFORMANCE 40 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Information regarding which advertising is presented to you and how you
   interact with it can be used to determine how well an advert has worked for
   you or other users and whether the goals of the advertising were reached. For
   instance, whether you saw an ad, whether you clicked on it, whether it led
   you to buy a product or visit a website, etc. This is very helpful to
   understand the relevance of advertising campaigns.
   
   View Illustrations 

 * MEASURE CONTENT PERFORMANCE 21 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Information regarding which content is presented to you and how you interact
   with it can be used to determine whether the (non-advertising) content e.g.
   reached its intended audience and matched your interests. For instance,
   whether you read an article, watch a video, listen to a podcast or look at a
   product description, how long you spent on this service and the web pages you
   visit etc. This is very helpful to understand the relevance of
   (non-advertising) content that is shown to you.
   
   View Illustrations 

 * UNDERSTAND AUDIENCES THROUGH STATISTICS OR COMBINATIONS OF DATA FROM
   DIFFERENT SOURCES 28 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Reports can be generated based on the combination of data sets (like user
   profiles, statistics, market research, analytics data) regarding your
   interactions and those of other users with advertising or (non-advertising)
   content to identify common characteristics (for instance, to determine which
   target audiences are more receptive to an ad campaign or to certain
   contents).
   
   View Illustrations 

 * DEVELOP AND IMPROVE SERVICES 36 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Information about your activity on this service, such as your interaction
   with ads or content, can be very helpful to improve products and services and
   to build new products and services based on user interactions, the type of
   audience, etc. This specific purpose does not include the development or
   improvement of user profiles and identifiers.
   
   View Illustrations 
   Object to Legitimate Interests Remove Objection

 * USE LIMITED DATA TO SELECT CONTENT 9 PARTNERS CAN USE THIS PURPOSE
   
   Switch Label No Consent
   
   Content presented to you on this service can be based on limited data, such
   as the website or app you are using, your non-precise location, your device
   type, or which content you are (or have been) interacting with (for example,
   to limit the number of times a video or an article is presented to you).
   
   View Illustrations 

List of IAB Vendors‎

ACTIVELY SCAN DEVICE CHARACTERISTICS FOR IDENTIFICATION 5 PARTNERS CAN USE THIS
PURPOSE

Actively scan device characteristics for identification No Consent


With your acceptance, certain characteristics specific to your device might be
requested and used to distinguish it from other devices (such as the installed
fonts or plugins, the resolution of your screen) in support of the purposes
explained in this notice.

List of IAB Vendors‎

ENSURE SECURITY, PREVENT AND DETECT FRAUD, AND FIX ERRORS 39 PARTNERS CAN USE
THIS PURPOSE

Always Active

Your data can be used to monitor for and prevent unusual and possibly fraudulent
activity (for example, regarding advertising, ad clicks by bots), and ensure
systems and processes work properly and securely. It can also be used to correct
any problems you, the publisher or the advertiser may encounter in the delivery
of content and ads and in your interaction with them.

List of IAB Vendors‎ | View Illustrations 

MATCH AND COMBINE DATA FROM OTHER DATA SOURCES 26 PARTNERS CAN USE THIS PURPOSE

Always Active

Information about your activity on this service may be matched and combined with
other information relating to you and originating from various sources (for
instance your activity on a separate online service, your use of a loyalty card
in-store, or your answers to a survey), in support of the purposes explained in
this notice.

List of IAB Vendors‎

LINK DIFFERENT DEVICES 25 PARTNERS CAN USE THIS PURPOSE

Always Active

In support of the purposes explained in this notice, your device might be
considered as likely linked to other devices that belong to you or your
household (for instance because you are logged in to the same service on both
your phone and your computer, or because you may use the same Internet
connection on both devices).

List of IAB Vendors‎

DELIVER AND PRESENT ADVERTISING AND CONTENT 38 PARTNERS CAN USE THIS PURPOSE

Always Active

Certain information (like an IP address or device capabilities) is used to
ensure the technical compatibility of the content or advertising, and to
facilitate the transmission of the content or ad to your device.

List of IAB Vendors‎ | View Illustrations 

IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 25 PARTNERS CAN
USE THIS PURPOSE

Always Active

Your device might be distinguished from other devices based on information it
automatically sends when accessing the Internet (for instance, the IP address of
your Internet connection or the type of browser you are using) in support of the
purposes exposed in this notice.

List of IAB Vendors‎

USE PRECISE GEOLOCATION DATA 19 PARTNERS CAN USE THIS PURPOSE

Use precise geolocation data No Consent


With your acceptance, your precise location (within a radius of less than 500
metres) may be used in support of the purposes explained in this notice.

List of IAB Vendors‎
Back Button


COOKIE LIST

Filter Button
Consent Leg.Interest
checkbox label label
checkbox label label
checkbox label label

Clear
checkbox label label
Apply Cancel
Confirm My Choices
Reject All Allow All