President Javier Milei refused to take down an aggressive post he made on X about a boy with autism on the grounds that he is “protected by freedom of speech.” Milei went on to argue that his posts are just his “personal opinion” and should not be considered the words of the head of state.

Milei is facing a lawsuit filed by the family of Ian Moche, a 12-year-old autism awareness activist. The president issued his opinions in a legal document filed before a La Plata federal court on Monday. The boy’s family is demanding the president delete a June post in which he accused Moche of being a “political operative.” 

Moche posts frequently on social media and makes media appearances. He and his parents often meet with politicians from across the political spectrum to express their concerns.

The story of Milei’s post

On June 1, Milei reposted an X post by the libertarian troll account @hombregrisxd accusing journalist Paulino Rodrigues of interviewing Moche solely to serve political purposes. Milei later wrote that Rodrigues was “always on the evil side,” repeating allegations of a political setup and accusing him of siding with Kirchnerism.

The original post was accompanied by images of Moche speaking with Rodrigues, as well as former Economy Minister Sergio Massa and ex-President Cristina Kirchner. Milei’s post went viral, and his supporters began to insult Moche, publishing his address and which school he attends. Milei said his post did not constitute a “legitimization of aggression” of the original post and denied any relation to the @hombregrisxd account.

Milei’s presentation said that the president’s post “did not make any aggressive comment” against Moche and that the intended target was the journalist. He added that Moche’s parents or the family’s lawyer, Andrés Gil Domínguez, who is publicly critical of the government, may have underlying political or personal goals with the lawsuit.

“The publication of the tweet on my personal account, including a critical opinion about the work of a journalist, is protected by freedom of speech,” Milei said in the document. He added that any attempts to make him delete his post are “illegitimate,” while his comments are “under the utmost constitutional protection.”

This is not the first time Milei has insisted that his posts are only personal opinions and not made as president. In February, Milei made headlines worldwide after he backed a crypto token called $LIBRA that had been created just one minute earlier. The incident ended in a scandal as people lost millions of dollars, as the token was a rug pull, a kind of scam based on convincing unsuspecting investors to back a cryptocurrency and then quickly withdrawing all funds. 

According to Gil Domínguez, Moche’s case could set a key precedent in the $LIBRA case. Federal Judge Alberto Recondo now has until Wednesday to make a decision on the lawsuit.