(Photo by Jared Siskin/Patrick McMullan via Getty Images)
A California commission violated the First Amendment when it rejected a SpaceX request to conduct more Starlink launches—according to CEO Elon Musk.
Musk says he plans to sue the California Coastal Commission after one official cited Musk’s controversial X posts as one reason for voting against increasing Starlink launches from 36 to 50 this year. That spurred several media outlets to note that Musk's fiery political rhetoric—which includes vocal support for Donald Trump and blasting FEMA, the FAA, and the FCC—is becoming a factor in how California regulators are scrutinizing SpaceX.
"We’re dealing with a company, the head of which has aggressively injected himself into the presidential race," California Coastal Commission Chair Caryl Hart reportedly said during last week’s hearing.
In response, Musk tweeted: “Incredibly inappropriate. What I post on this platform has nothing to do with a 'coastal commission' in California! Filing suit against them on Monday for violating the First Amendment.”
Since then, one Republican House Representative, Kevin Kiley, has also weighed in, tweeting: "Yet the Coastal Commission just rejected the plan, citing unrelated political posts by Elon Musk. This illegal action needs to be reversed immediately."
The commission didn't immediately respond to a request for comment. But during last week’s 6-4 vote, officials pointed to various reasons for blocking SpaceX from increasing the company’s Falcon 9 launches in Vandenberg base, which is owned by the US military.
In particular, some commissioners took issue with the US Air Force and Space Force requesting the launch increase when SpaceX is the primary company set to benefit from the deal.
"I do believe that the Space Force has failed to establish that SpaceX is a part of the federal government, part of our defense,” Commissioner Dayna Bochco said in voting to deny the proposal.
Another commissioner also had reservations about SpaceX acting as a private company to deny Starlink access to a Ukrainian military operation against Russian forces. "You all, and we are trying to operate in an apolitical space. The person who controls these companies has enough power to not work in the best interest—when they feel like it—of our allies," said Commissioner Justin Cummings, who still voted in favor of the proposal.
Musk plans to file suit on Tuesday since US district courts in California are closed today for Columbus Day. Still, the Coastal Commission itself has noted that the US military could elect to override the launch increase denial, which would render Musk’s lawsuit moot.