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.