From the settlement agreement:
“Defendant undertakes to comply with all mandatory procedures implemented by Tesla, Inc. (the “Company”) regarding (i) the oversight of communications relating to the Company made in any format, including, but not limited to, posts on social media (e.g., Twitter), the Company’s website (e.g., the Company’s blog), press releases, and investor calls, and (ii) the pre-approval of any such written communications that contain, or reasonably could contain, information material to the Company or its shareholders;”
The requirement for oversight isn't limited to just tweets, but all forms of communications. This would include verbal.
Now the SEC is saying it isn't up to Musk to decide what constitutes material information. This would mean Musk would have to seek guidance from the oversight committee every time he even wants to speak about Tesla with anyone in any way, to determine if his comments are material to Tesla and shareholders. There's no way the judge will agree with this interpretation.