Congress shall make no law respecting
  an establishment of religion, or
  prohibiting the free exercise thereof;
  or abridging the freedom of speech, or
  of the press; or the right of the
  people peaceably to assemble, and to
  petition the government for a redress
  of grievances.

The first amendment has been interpreted by the courts as applying to all of the government, not just Congress, and via the 14th amendment is has been incorporated against the States, meaning that it applies to them too.

Therefore, for a California state government agency to punish SpaceX for its founder's speech is unconstitutional.

Title 18 USC section 232 lays out criminal penalties for violating a citizens civil rights, thus unconstitutional acts can be and often are criminal acts.