The California Coastal Commission recently decided to block SpaceX's increase in annual launches at Vandenberg Space Force Base from 36 to 50. SpaceX has just sued, claiming the decision was preempted by federal authority, violated state law, and also violated the First Amendment. I can't speak to the preemption arguments and the statutory arguments, but I wanted to pass along some thoughts about the First Amendment question.
SpaceX is arguing that the Commission's 6-4 decision was influenced by the Commissioners' disapproval of Elon Musk's politics and speech:
The Commission also made clear that its objection was rooted in animosity toward SpaceX and the political beliefs of its owner Elon Musk, not concern for the coastal zone. After talking at length about concerns with changes in Department of Defense leadership following the November 2024 election, Commission Chair Hart said explicitly: "The concern is with SpaceX increasing its launches, not with the other companies increasing their launches." She explained, "we're dealing with a company … the head of which has aggressively injected himself into the Presidential race and made it clear what his point of view is."
Other Commissioners similarly made clear their decision was based on political disagreements with Mr. Musk. Commissioner Newsom, for instance, said that "Elon Musk is hopping about the country, spewing and tweeting political falsehoods and
attacking FEMA while claiming his desire to help the hurricane victims with free Starlink access to the internet." Commissioners Aguirre and Escalante voiced similar concerns regarding the political uses of Starlink. As these statements show, the impact of the proposed launch cadence increase on the coastal region was the last topic on the Commissioners' minds at the October 2024 meeting.
