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Elon Musk’s latest court filing against the SEC cites Eminem

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. . .”

The original lyrics had FCC instead of SEC. The Federal Communications Commission fined a Colorado radio station $7,000 in 2002 for playing an Eminem song containing profanity.
A 2018 agreement with the SEC requires Musk to obtain prior approval from other Tesla executives before posting tweets about the company.
After Musk asked his Twitter followers last November if he should sell 10% of his stake in Tesla, triggering a stock sale, the electric vehicle company received a subpoena from the SEC – which the CEO called it “harassment”.

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.

A few days later, Musk tweeted that he was seriously considering creating his own social media platform, claiming that Twitter did not respect free speech principles.

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.

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