Shulou(Shulou.com)11/24 Report--

Beijing, September 28, according to reports, the lawyer of Tesla CEO Elon Musk (Elon Musk) today urged the US Federal Court of Appeals to request the repeal of a clause in Musk's 2018 settlement agreement with the Securities and Exchange Commission (SEC) requiring Tesla's lawyer to review Musk's posts on Twitter.

The case began in August 2018. At that time, Musk released the news about the privatization of Tesla through Twitter. SEC later said Mr Musk had issued an "erroneous and misleading" statement that violated securities law and sued Mr Musk.

Later, Tesla, Musk and SEC reached a settlement. In addition to fining and stepping down as chairman of Tesla, under the settlement agreement, Tesla also promised to monitor Musk's Twitter posts and other related company communications.

In a note to the second Circuit Court of Appeals on Tuesday, local time, Musk's lawyer said that the "pre-approval" policy required by SEC, which requires Musk to be vetted by lawyer Tesla before posting a post on Twitter, prevented Musk from making legitimate remarks on a wide range of issues.

In addition, Musk's lawyer also said that the SEC request violated the U.S. Constitution and undermined public policy by "violating the principles of freedom of expression and public debate in the United States."

SEC has not commented on this, but is expected to submit its views to the second Circuit Court of Appeals.

Musk submitted a briefing to the Court of Appeal in the hope of overturning the previous decision of the District Court of New York. In March, Musk asked the New York District Court judge to terminate the 2018 agreement with SEC. Musk said at the time that the agreement was used by the SEC to trample on his rights under the first Amendment and to restrict his speech in advance.

But on April 27, New York District Court Judge Lewis Lieman (Lewis Liman) rejected Musk's request. Musk subsequently filed an appeal to the second Circuit Court of Appeals in the United States.

In a filing on Tuesday, Musk's lawyer said it was time to impose restrictions on SEC's requirements. "in the shadow of the ban (settlement agreement with SEC), SEC is increasingly monitoring, censoring and trying to contain Musk's legitimate remarks," Mr Musk's lawyer said in the document. "any objectives required by the SEC's' pre-approval 'clause have been achieved."

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