One other point is that what you were referring to is not related to what OP was suggesting. You're talking about how the information is distributed. oP was referring to when it is distributed (too close to earnings).

I believe OP was wrong with regards to a restriction on when information can be released relative to earnings. Elon could have tweeted it a few days ago and it wouldn't have made a difference to the SEC in regards to the timing of the release.