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Former Democratic Democrat of New York, Dov Hikind, told Fox News Tuesday that he was preparing to sue the representative of Alexandria Ocasio-Cortez, DN.Y., for having blocked Twitter users based on their personal views, as a result of a federal court ruling banning President Trump from acting. the same.
When asked where his complaint would be filed and if other complainants would be involved, Hikind responded to Fox News by email: "All of this is being determined."
"Most likely we will be [the] only applicant but [we will be] citing other examples, "continued Hikind. The claim is [the] same as [the] one against Trump. She uses this account for political / political commentary purposes. It is therefore difficult to block a citizen from his statements, as well as to prevent him from petitioning or seeking redress. "
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Fox News is told that the trial will likely focus on The popular and active @AOC account of Ocasio-Cortez, which has more than 4.6 million followers. Ocasio-Cortez maintained a much smaller and rarely used official account, @RepAOC, with only 171,000 subscribers, but used his personal account @AOC to discuss politics and interact regularly with voters and colleagues.
For example, the highest publication pinned Tuesday in Ocasio-Cortez's @AOC stream said: "A #GreenNewDeal is our plan for a world and a future that is worth fighting for. On July 5, she wrote to Vermont Senator Bernie Sanders, "Thank you, @SenSanders. It is an honor to work alongside you, along with millions of others, who are fighting for education, health and a living wage. "
Hikind added that in addition to himself, "several others, including journalists," were prevented from watching Ocio-Cortez's tweets.
The Daily Caller said that Ocasio-Cortez had blocked the site in May after the latter contradicted it with the announcement of the launch of the Green New Deal. In addition, OANN's Liz Wheeler tweeted on July 5 that Ocasio-Cortez had blocked her, even though she was "respectful and civil".
After the publication of this article, the journalist Harry Cherry Fox told Fox News that he had been stuck after calling Ocasio-Cortez "a moron" after comparing his border facilities to concentration camps.
And Ryan Saavedra of the Daily Wire wrote on April 5 that Ocasio-Cortez "finally blocked me and that's after I shouted his last set of lies".
Saavedra said he was stuck after writing on Twitter about a viral video of Ocasio-Cortez apparently using a way of speaking.
"Ocasio-Cortez speaks with an accent that she never uses when saying to a room where predominantly black people live that there is nothing wrong with that." they bend clothes, cook and drive others on a bus to make a living, "wrote Saavedra.
Ocasio-Cortez replied that those "speaking of [her] the voice may withdraw immediately "and asserted that she was using a similar speech during the talks between Brett Kavanaugh and during the March of Women.Savedra would have been stuck after finding and posting videos of these speeches which according to he, contradicted the claims of Ocio-Cortez.
Hikind said that he was looking for other people.
"If you or someone you know has been blocked by @AOC Please, contact me as soon as possible! Hikind tweeted Tuesday, suggesting that he might have wanted to talk to other potential complainants or gather additional evidence.
In its decision, the 2nd Circuit Court of Appeal noted that, because Trump uses Twitter to communicate with the public about its administration and that its account is open to the public to allow people to comment on its publications, it guaranteed the constitutional protection of the freedom of speech guaranteed by the law. First amendment, which prohibits discrimination by the government on the freedom of expression of a person on the basis of his views.
The appeal decision expressly confirmed the decision of a lower court that declared the president's account a "public forum" for the purpose of the first amendment.
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"We conclude," wrote Judge Barrington D. Parker for the majority, "… that the First Amendment does not authorize a public official who uses a social network account for all kinds of official purposes to exclude people from an open system dialogue online because they have expressed views with which the official disagrees. "
Parker added, "This debate, however uncomfortable and unpleasant, is a good thing." By settling this appeal, we remind litigants and the public that if the first amendment means anything, it means that the better to speak unfavorably about topics of public interest, it's more speech, not less. "
The court rejected Trump's argument that he was using his Twitter account, which has over 60 million followers and regularly discusses policy issues, on a personal basis.
"We conclude that the proof of the official nature of the account is overwhelming," Parker said. "We also conclude that once the President has chosen a platform and opened his interactive space to millions of users and participants, he can not selectively exclude those he shares the point with." of view. "
Former New York MP Dov Hikind said he was considering suing Alexandria Ocasio-Cortez.
(Photo AP / Mel Evans, File)
According to court documents, Trump admitted to blocking the plaintiffs in 2017 after posting tweets "criticizing him or criticizing his policy". Once blocked, they could not see Trump's tweets when they were signed in, nor could they respond to tweets or view comment feeds on Trump's Twitter page.
The court said that Trump's account was quite private before becoming president, but that changed once he took office and used it for official purposes because he posted "all features of an official account managed by the state "since. The court said once Trump quits his job, his account will again be considered private.
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The Justice Department, meanwhile, has maintained Trump's position and has indicated that an appeal could be imminent.
"We are disappointed with the court's decision and are exploring possible next steps," said Kelly Laco, DOJ spokesperson, in a statement. "As we explained, President Trump's decision to block users of his personal twitter account does not constitute a violation of the first amendment."
The opinion concluded by underlining that, in the current political climate, the debates have been deepened, even if it is sometimes "unpleasant".
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"The irony in all this is that we are writing at a time in the history of this country where the conduct of our government and its leaders is subject to wide and vigorous debate," said the court.
"This debate encompasses an extremely wide range of ideas and points of view and generates a level of passion and intensity that we have only rarely seen." This debate, also uncomfortable and as unpleasant as it is often, is nevertheless a good thing.In solving this appeal, we remind litigants and the public that if the first amendment means anything, it means that the best response to an unfavorable discourse on matters of public interest is more a speech, not less. "
Bill Mears from Fox News contributed to this report.
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