It’s nice to see a fundamental right, one recognized in the Constitution, upheld. In New Orleans, the 5th U.S. Circuit Court of Appeals slapped down the National Labor Relations Board on Friday, ordering that they rescind an order to Elon Musk that compelled him to delete a 2018 Twitter post regarding the possible unionization of Tesla.
A divided U.S. appeals court on Friday ruled that the National Labor Relations Board went too far by ordering Tesla CEO Elon Musk to delete a 2018 tweet stating employees of the electric vehicle maker would lose stock options if they unionized.
The New Orleans-based 5th U.S. Circuit Court of Appeals on a 9-8 vote threw out an NLRB order from 2021 that had concluded the tweet amounted to an unlawful threat after the court concluded the tweet amounted to free speech protected by the U.S. Constitution’s First Amendment.
“Deleting…