Yet the policy, as written, gives Musk no explicit authority to make that judgment about his tweets — though it doesn’t say who’s supposed to prejudge a tweet for preapproval. This vacuum is one that Musk has sailed through. If a tweet appears that looks material, he can just say, “It didn’t look material to me,” and therefore he can’t be said to have violated the deal. This might work in the case of a CEO genuinely determined to live up to the terms of a settlement, rather than looking for its loopholes, as Musk seems to be doing.

Source: Los Angeles Times March 12, 2019 21:43 UTC