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- SpaceX has sued the California Coastal Commission.
- Commissioners publicly criticized Musk’s politics and denied more frequent SpaceX flights.
- Legal experts said Musk will need to prove the commission would have granted the flights, if not for Musk’s politics.
Elon Musk made good Tuesday on an earlier vow to sue the California Coastal Commission.
In the lawsuit, filed in the US District Court for the Central District of California, Musk’s SpaceX accused the commission of ‘”unconstitutional overreach” after members criticized his political leanings during a meeting about whether to approve more frequent SpaceX launches off the California coastline.
The lawsuit says the commission unfairly asserted regulatory powers because it disagreed with his politics.
Last week, the commission denied a request by the US Space Force to increase the number of annual Falcon 9 rocket launches from 36 to 50 at the Vandenberg Space Force Base.
In a 6-4 vote, the commission — which is charged with protecting the coastline — said SpaceX, as a private company, was not exempt from obtaining a permit, even though it works closely with the government.
While Musk’s politics weren’t referenced in the decision, they were discussed during a public meeting by commission members. Commissioner Gretchen Newsom said Musk was “spewing and tweeting political falsehoods” and accused him of prioritizing profits over employee well-being.
Commission chair Caryl Hart added Musk had “aggressively injected himself into the presidential race.”
On X, Musk called the comments “incredibly inappropriate” and vowed to retaliate in court.
“I have done more to advance sustainable energy & help the environment than maybe anyone ever,” he wrote on Tuesday, “which is not exactly a ‘far-right’ position.”
He added that the commission “should resign immediately.”
What Musk will need to prove in order to win
Legal experts told Business Insider a day before the lawsuit was filed that Musk’s complaint could be successful — if Musk can prove bias.
First Amendment scholar Eugene Volokh said victory for Musk will depend on what evidence Musk has that his political speech played a role in the commission’s decision.
“Denying a license — or other government retaliation — based on an applicant’s political speech, or the political speech of the applicant’s owner or manager, generally violates the First Amendment,” said Volokh, a professor of law at UCLA and senior fellow at the Hoover Institution at Stanford University. “Indeed, that’s even true of denial of a contract, where government money is being used.”
David Driesen, a law professor at Syracuse University, noted, “politicians have a First Amendment right to criticize Musk, so accusing him of spreading falsehoods is protected political speech.”
“On the other hand,” Driesen said, “if Musk could show that the decision to deny his application was punishment for his falsehoods, that might make out a First Amendment violation.”
Driesen added that “any good court would reject the idea that the commission punished him for his speech, since the decision was based on other grounds. “
The law professor said that, ultimately, a judge might “admonish” the California Coastal Commission and point out that commissioners cannot punish applicants for their speech through their decisions.
Volokh said if the commission’s decision was based on other grounds “and would have been reached on those grounds even setting aside” Musk’s politics, then “there’s no First Amendment violation.”
“But if a court concludes that it’s more likely than not that the result would have been different but for Musk’s speech, then there would be a violation,” said Volokh.
Sarah Kreps, a political scientist and director of the Tech Policy Institute at Cornell University, said that comments made by the commissioners, even if “politically motivated,” do not directly constitute a legal violation of Musk’s free speech rights.
“It is possible that the lawsuit could be dismissed as lacking grounds for a constitutional claim,” Kreps said.
Kreps pointed out that political discourse being integrated into regulatory matters has become “increasingly common in highly publicized cases involving influential figures like Musk.”
“It can raise questions about the impartiality of such bodies, even if the legal framework is followed,” she said.
Musk’s company filed the suit days after a massive win for SpaceX when it conducted a successful test flight Sunday of its Starship and Super Heavy booster — a massive rocket that Musk hopes will, one day, transport humans to Mars.
Neither SpaceX nor the California Coastal Commission immediately responded to requests for comment from Business Insider.
This story is breaking and will be updated.