Elon Musk has likened himself to the rapper Eminem in seeking to throw out his 2018 agreement with the top U.S. securities regulator.
The agreement requires the Tesla chief executive to obtain preapproval for his tweets.
In a filing in federal court in Manhattan, Musk renewed his effort to quash a U.S. Securities and Exchange Commission subpoena for details on whether he and Tesla are complying with their disclosure requirements under the 2018 consent decree.
The SEC is investigating Musk’s Nov. 6, 2021, tweet asking his followers whether he should sell 10% of his Tesla stake, to cover tax bills on stock options.
In Tuesday’s filing, Musk said requiring Tesla lawyers to vet some of his tweets was an unconstitutional prior restraint on his speech, violating the First Amendment.
“The (SEC) won’t let me be or let me be me so let me see; They tried to shut me down,” Musk said, quoting from Eminem’s 2002 song “Without Me.”
Eminem’s lyrics referred to the Federal Communications Commission, which had fined radio stations playing “The Real Slim Shady,” an Eminem song whose content it deemed offensive.
Musk also said the SEC issued its subpoena in bad faith, and could not pursue a “fishing expedition” to harass him.
