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Judge Says Milei’s X Post Is Private Speech, Rejects Deletion Request

The decision turns on treating @JMilei as a personal account rather than an official channel.

Javier Milei / Ian Moche
ID:61964621 MILEI CELULAR REDES Argentina's presidential candidate Javier uses his cell phone during a press conference in Buenos Aires on October 11  2023. The Argentine president shows that X (formerly Twitter) is tribune of anarcho-capitalist revolution and repository moods. (Photo by JUAN MABROMATA / AFP) - FTP CLARIN cprofetico_MILEI.jpg Z Invitado
- FTP CLARIN Ian Moche. Fotos IG Moche (2).jpg Z FClarin Fotoclarin
Alberto Recondo, Juez federal de La Plata. Captura

Overview

  • Federal Judge Alberto Recondo rejected the family's amparo in first instance, refused to order deletion or a future ban, and imposed costs on the plaintiff, citing the prohibition on prior censorship.
  • The court found Milei was speaking "as a citizen" from his @JMilei account, created in 2015 and verified in 2023, which it deemed non-institutional under government communication rules.
  • Recondo concluded the criticism targeted journalist Paulino Rodrigues rather than the child and wrote that a repost does not automatically signify full endorsement of the original content.
  • The ruling applied the state-action doctrine, referenced U.S. precedent (Lindke v. Freed), and noted that X’s gray checkmark does not make a message an official act.
  • The family will appeal to the federal chamber; media reports describe harassment of the boy after the repost, and his mother says he is pausing social media use for now.