Elon Musk had challenged a lower court judge's ruling last year requiring him to abide by the deal.
NEW YORK — Elon Musk cannot back out of a settlement with securities regulators that was reached after his 2018 tweets claiming he had secured funding to take Tesla private caused the electric vehicle maker’s share price to jump and led to a temporary halt in trading, an appeals court ruled Monday.
Musk had challenged a lower court judge’s ruling last year requiring him to abide by the deal on the grounds that circumstances have changed and because the decree contains a “prior restraint” that Musk contends violates the First Amendment. Instead, it said, the SEC had opened “just three inquiries into Musk’s tweets since 2018″ and each challenged tweet “plausibly violated the terms of the consent decree.”
Alex Spiro, an attorney for Musk, said in a statement: “We will seek further review and continue to bring attention to the important issue of the government constraint on speech.”Lawyers for the government did not immediately respond to messages seeking comment.
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