WASHINGTON, April 29 (Reuters) - The U.S. Supreme Court
declined on Monday to hear Elon Musk's bid to throw out part of
a securities fraud settlement with the Securities and Exchange
Commission restricting the billionaire businessman's public
statements about his electric car company Tesla.
The justices turned away Musk's appeal of a lower court's
decision upholding the 2018 settlement reached after he said on
social media that he had "funding secured" to take Tesla private
- a statement the SEC in a legal action called false and
misleading.
Musk's settlement resolved the SEC lawsuit accusing him of
defrauding investors. Under the agreement, Musk and Tesla each
paid $20 million fines and he gave up his role as the company's
chairman. Musk also agreed to let a Tesla lawyer pre-approve
some posts he made on the social media platform then called
Twitter before Musk bought the company and renamed it X.
Musk later sought to terminate the pre-approval mandate,
with his lawyers in a court filing calling it a
"government-imposed muzzle" that amounted to an illegal prior
restraint on his speech.
U.S. District Judge Lewis Liman in Manhattan in 2022
rejected Musk's request. A three-judge panel of the
Manhattan-based 2nd U.S. Circuit of Appeals in 2023 upheld that
decision.
The 2nd Circuit said Musk chose to allow screening of his
Twitter posts, and had no right to revisit the matter "because
he has now changed his mind." The 2nd Circuit last year denied
Musk's request to rehear the case, prompting his appeal to the
Supreme Court.
Musk's lawyers argued that the SEC had no right to impose,
as a condition of settling, a "gag rule" that they contend
violated the U.S. Constitution's First Amendment constraints on
governmental limits on free speech.