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Tesla says California's Autopilot action violates its free speech rights
(www.theregister.com)
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this post was submitted on 12 Dec 2023
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This is the best summary I could come up with:
It may have taken more than a year, but Tesla has finally responded to the California Department of Motor Vehicles allegations that it misrepresented Autopilot's capabilities, arguing that it's free to do so under the US Constitution.
In a document [PDF] filed with California's Office of Administrative Hearings last week lawyers representing Elon Musk's electric car company didn't directly challenge the DMV's specific allegations that Tesla may have overblown Autopilot's autonomy, marketing it less as an advanced driver assist system (ADAS) and more of a full self-driving platform.
It's not clear whether the "truthful and non-misleading speech" refers to Autopilot's capabilities, which the biz doesn't otherwise defend in its rebuttal.
The DMV's actions violate that right because the case is before an administrative law judge and not a panel of citizens, the lawyers argue.
Tesla also claims that the DMV has no right to prosecute it for false advertising of Autopilot's capabilities because it knew perfectly well how the company had been describing it, but didn't take action before.
Additionally, Tesla said that California opted to remove the terms "self-driving," "automated," and "auto-pilot," from the state's Statement About Autonomous Technology regulation, meaning there's no prohibition against using such language in an advertisement.
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