Musk appealed a federal judge's refusal to end an agreement between him and the Securities and Exchange Commission that requires oversight of his social media posts.
The 2nd U.S. Circuit Court of Appeals will hear the case.
Liman rejected Musk's argument that the decree violated his First Amendment rights and should be terminated because he thought it would end the SEC's investigation.
In his April ruling, Liman wrote that Musk could not end the agreement by bemoaning that he had to agree to it at the time, but now that the litigation is a distant memory, his company is all but invincible.
The SEC wouldn't comment on the appeal.
Musk was accused by the SEC of making false and misleading statements to investors after he said he was considering taking the company private. As part of an agreement with the SEC, Musk had to step down as the chairman of the company for at least 3 years. Musk had to pay $20 million in fines and had to have a pre-approval process put in place to monitor his public comments. Musk and his company did not admit or deny any wrongdoing.
In February, Musk's lawyer accused the SEC of trying to chill Musk's free speech rights because he is an outspoken critic of the government.
$210.8 billion. According to Forbes, Musk is the wealthiest person on the planet.
The billionaire's arguments are "meritless" and "Ironic", according to the judge.
The SEC is accused of trying to chill his right to free speech.
It cost him the chairmanship of the company.