In an opinion dated Friday, the judges split 9-8 in favor of Tesla and Musk, stating, 'We hold that Musk's tweets are constitutionally protected speech and do not fall into the categories of unprotected communication.'
The majority opinion noted that the NLRB must reevaluate its order for the reinstatement of the fired employee, asserting there was no proof of malicious intent by those who fired them.
Judge James Dennis, in dissent, emphasized that 'the Supreme Court has consistently held that the First Amendment does not protect threatening, coercive employer speech to employees in the labor organization election context'.
The case originated around Elon Musk's 2018 tweet, which stated, 'Nothing stopping Tesla team at our car plant from voting union... why pay union dues and give up stock options for nothing?'
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