I can't tell if you're being intentionally dense. Elon mixing his personal and business facing statements on his personal twitter account were his doing. He can no longer speak as a private citizen about Tesla on his twitter account, period. Anything he tweets is rightfully considered an official statement by a company representative.
By your logic, Elon could tweet Tesla's financial results on twitter during a quiet period before public release "because first amendment". The first amendment doesn't give you carte blanche to break the law without consequence...
> He can no longer speak as a private citizen about Tesla on his twitter account, period. Anything he tweets is rightfully considered an official statement by a company representative.
If equality before the law were a meaningful concept any longer, the distinction between business accounts with SEC constraints as modifying the 1A might be coherent.
These days the government enjoys the tyranny of selective enforcement (e.g. riots vs. "peaceful protests") to the extent that regarding your point as a fair one is challenging.
By your logic, Elon could tweet Tesla's financial results on twitter during a quiet period before public release "because first amendment". The first amendment doesn't give you carte blanche to break the law without consequence...