In the fall, Musk agreed to a court-approved deal with the SEC in

  r to settle charges over his controversial tweet in August about his plans to take Tesla private. The settlem

ent stipulated that Musk receive pre-approval for any social media posts containing information that is “material” to Te

sla shareholders. At the time, the electric carmaker said it would establish a board committee to oversee its CEO’s posts.

  But the SEC has since found fault with Musk’s tweeting. In late February, the commissi

on filed a motion asking a federal judge to hold Musk in contempt for violating the terms of the settlement.

  The SEC cited a tweet from February 19 in which Musk said Tesla

would build 500,000 cars in 2019. He then tweeted a clarifying message that Tesla would be build

ing at an annual rate of 500,000 cars by the end of the year, but would actually only make 400,000 cars in 2019.

  Musk fired back last week, arguing that the tweet didn’t contain material information about Tesla, that he diligent

ly tried to follow the court settlement, and that the SEC’s request is a breach of his constitutional right to free speech.

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