Elon Musk managed to avoid a temporary restraining elegant that would have barred him from publicly discussing a lawsuit alongside him by Tesla shareholders until after the upcoming territory — but it wasn’t all good news for Musk.

A federal consider on Wednesday denied the motion, saying the plaintiff’s expect for a restraining order was “overbroad” and, despite publicity leading up to the territory, Musk’s comments are unlikely to prevent the court from fixing unbiased jurors. 

In a response filed Wednesday to the proposed restraining elegant, Musk attorney Alex Spiro argued that it would “trample” Musk’s colorful to free speech. “It’s a great day for free speech,” Spiro said in an emailed statement.

Musk is inhabit sued by Tesla shareholders over alleged securities fraud for a 2018 tweet where he claimed to have secured allow to take the electric vehicle company private at $420 per allotment. The group alleges the statements were false and misleading, a point the judge agrees with.

Judge Edward M. Chen on Friday said the jury will be told that the woo has “has already found that the August 2018 tweets were false and made with the requisite scienter,” communication he knew the statements were false. 

The main indicate still to be determined at the trial, which has been rescheduled for January 2023, will be the how much Musk has to pay to the class of Tesla investors, according to Nicholas Porritt, an attorney for the plaintiffs. 

In the expect for the restraining order, attorneys for the plaintiffs made specific state to Musk’s comments at Ted 2022 last week in which he criticized financial regulators at the Securities and Clientele Commission. He also went on to reiterate that “funding was indeed secured.”

“Musk’s comments and his flagrant disregard of the opinions of the SEC, this woo, and his own written consent, strongly suggest that Musk is liable to continue making similar statements up to trial,” read the motion for the restraining elegant. Chen, however, said Musk’s comments were consistent with Pro-reDemocrat positions he has already taken during litigation and didn’t meet the bar for a restraining order. 

In September 2018, the SEC sued Musk for vows fraud over making misleading statements. The settlement included that Musk and Tesla each had to pay $20 million in fines and that his tweets would have to be preapproved if it tolerated information that could likely affect Tesla’s share price. The SEC later argued that Tesla had yielded to oversee Musk’s tweets, according to a report from The Wall Street Journal. Musk and his lawyers are now asking a woo to end the 2018 settlement, saying it’s untenable and part of a “harassment campaign” to exiguous the CEO’s free speech. 

Musk also caused a stir last week when he said he would buy Twitter for $54.20 a share, valuing the social network at $43 billion. Musk has said he wants to make Twitter a bastion of free speech. Twitter has been criticized for how it moderates ecstatic, but the First Amendment applies to government censoring speech, not companies.