MASSIVE POTENTIAL VICTORY FOR FREE SPEECH: As Billionaire Elon Musk Acquires 9.2% Stake In Twitter

It was recently reported that Tesla CEO Elon Musk has acquired a 9.2% stake in Twitter, the social media giant disclosed in an SEC filing on Monday, a move that comes weeks after the billionaire accused Twitter of failing to adhere to free speech principles.

Musk is yet to issue a public statement about the acquisition, but the billionaire previously indicated that he wanted to see changes at Twitter and even hinted at building a rival platform. On March 25, Musk conducted a poll on Twitter asking his followers if they believe that Twitter “rigorously adheres” to the principle of free speech, adding that the consequences of the poll will be important. After around 70% of 2 million Twitter users voted “No,” Musk noted that Twitter was the “de facto public town square” and alleged that it was failing to adhere to free speech principles and undermining democracy in the process. In December, the billionaire posted a cryptic tweet depicting the social media platform’s newly announced CEO Parag Agrawal as Stalin, while Twitter’s founder and former CEO Jack Dorsey was shown as being thrown into a river.

ABC News continued to report that it’s unclear just when Musk bought the stake. A U.S. Securities and Exchange Commission filing made public on Monday says the event triggering the filing happened March 14. His stake meets the criteria for being a long-term “passive” investor, one looking to minimize buying and selling of the shares.

Yet Musk has also raised the possibility, publicly before his massive and loyal Twitter following, that he could create a rival social media network.

Industry analysts are skeptical about whether the mercurial CEO will remain on the sidelines for long.

In a note to investors, CFRA Analyst Angelo Zino wrote that although Musk’s intent is unclear, Twitter could be viewed as an acquisition target because the value of its shares have been falling since early last year.

Jack Dorsey stepped down as CEO in November. Musk’s stake in Twitter more than four times the size of Dorsey’s, who co-founded the company and was the largest individual shareholder until Musk arrived.

“Musk’s actual investment is a very small percentage of his wealth, and an all-out buyout should not be ruled out,” wrote Zino, who covers Twitter and social media.

Twitter’s stock surged more than 28% Monday. Since March 14, the date listed on filing with the U.S. Securities and Exchange Commission, shares of Twitter are up nearly 50% meaning that Musk’s investment has paid handsomely, so far.

Twitter did not immediately respond to a request for comment.

Musk told his millions of followers on Twitter that he was “ giving serious thought ” to creating his own social media platform, and has clashed repeatedly with financial regulators about his use of Twitter.

Musk is locked into a bitter dispute with the SEC over his ability to post on Twitter. His lawyer has contended in court motions that the U.S. Securities and Exchange Commission is infringing on the Tesla CEO’s First Amendment rights.

In October of 2018, Musk and Tesla agreed to pay $40 million in civil fines and for Musk to have his tweets approved by a corporate lawyer after he tweeted about having the money to take Tesla private at $420 per share.

The funding was far from secured and the electric vehicle company remains public, but Tesla’s stock price jumped. The settlement specified governance changes, including Musk’s ouster as board chairman, as well as pre-approval of his tweets. The SEC brought a securities fraud charge, alleging that Musk was manipulating the stock price with his posts.

Musk’s lawyer is now asking a U.S. District Court judge in Manhattan to throw out the settlement, contending that the SEC is harassing him and infringing on his First Amendment rights.

The SEC responded in a court motion, saying it has legal authority to subpoena Tesla and Musk about his tweets, and that Musk’s move to throw out the settlement is not valid.

The SEC also disclosed that it is investigating Musk’s Nov. 6, 2021 tweets that asked followers whether he should sell 10% of his Tesla stake. The commission confirmed that it issued administrative subpoenas while investigating whether Musk and Tesla are complying with disclosure controls in the 2018 agreement.

Musk ended up selling more than 15 million shares worth roughly $16.4 billion. With some sales in late December, Musk is close to selling 10%.

Musk’s tweets about Twitter and his stock buy came after Donald Trump was banned from Twitter and other top social media platforms following the Jan. 6 Capitol riot last year that critics accused him of inciting. The ban has raised difficult questions about free speech in a social media industry dominated by a few tech giants — an issue that Trump and conservative media have seized upon.

Musk has not spoken specifically about how he would change rules at Twitter, but the social media platform’s history of suspensions and bans is well documented.

Twitter earlier this year banned the personal account of far-right U.S. Rep. Marjorie Taylor Greene for multiple violations of the platform’s COVID-19 misinformation policy. The Georgia Republican’s account was permanently suspended under Twitter’s “strike” system, which uses artificial intelligence to identify posts about the coronavirus that are misleading enough to cause harm to people. Two or three strikes earn a 12-hour account lock. Four strikes prompt a weeklong suspension. Five or more strikes can get someone permanently removed from Twitter. Twitter had previously suspended Greene’s personal account for periods ranging from 12 hours to a full week.