The lawsuit was brought by former Democratic New York Assemblyman Dov Hikind who said in the complaint that he was blocked after he had been critical of the freshman congresswoman on multiple occasions. Ocasio-Cortez sought to dismiss the case in a court filing on Aug. 7.
“It’s clear to me that Ms. Ocasio-Cortez is a coward,” Hikind said in a statement to The Epoch Times on Aug. 8. “With millions of followers why is she still so afraid of what I have to say?”
The lawsuit, which was filed on July 9, claimed that Ocasio-Cortez excluded Twitter users who have criticized her and her positions as a Congresswoman by blocking them to suppress their views.
“This practice is unconstitutional and must end,” the complaint stated.
In that case, the court ruled that Trump’s Twitter account, which has over 60 million followers, is operating as an official rather than a personal one, and determined that using Twitter’s block feature was the same as a government official excluding people he or she does not agree with from a public forum.
The court rejected Trump’s lawyer’s argument that the president was using his account in a personal capacity. Parker said the account was private before Trump became president but after he took office, it was being used “as a channel for communicating 2 and interacting with the public about his administration” and bears “all the trappings of an official, state‐run account.”
Hikind argued in his suit that Ocasio-Cortez’s @AOC account “regularly posts and engages in both news, events, political speech, and advocates for her positions” and as “an important public forum for speech.”
Responding to the complaint in the court filing, Ocasio Cortez admitted that she regularly posts to the active @AOC account but denied that the way she uses the account “makes it a public forum under the First Amendment.” It also denied that the federal appeals court ruling applies in her case.
“Frankly, I’m shocked that this is the best defense she could come up with,” Hikind said. “Ms. Ocasio-Cortez is seeking a dismissal as it appears she’s under the impression that what’s law for the President of the United States is not law enough for her.”
Ocasio-Cortez’s office did not immediately respond to a request for comment.