Musk’s attorney Alex Spiro cited Eminem’s 2002 song “Without Me” in the latest effort to overturn a 2018 deal that requires the billionaire to get pre-approval for certain tweets.
“The [SEC] won’t let me be or won’t let me be me, so let me see,” part of the filing reads. “They tried to silence me. . .”
In March, in response to Musk challenging the subpoena, an SEC regulator urged a federal judge to allow further review of his tweets.
“Musk’s motion to quash is procedurally flawed and substantially without merit,” the SEC said.
Concerns about Musk’s First Amendment rights were also clear in this case.
“The First Amendment requires agencies to act with caution where constitutional rights are at stake, and not seek to pursue any new theories that expand their authority at the expense of individual liberty,” Spiro wrote in the court filing.