A social media post by Tesla CEO Elon Musk warning employees that they could lose stock options if they unionize constitutes protected speech and does not have to be deleted, a divided federal appellate court ruled on Oct. 25.
In a 9–8 ruling, the Fifth Circuit Court of Appeals overturned a 2021 order from the National Labor Relations Board (NLRB) that had declared the Musk post an unlawful threat and directed him to delete it.
