DENVER– Briana Buentello, a former elected state legislator, filed a lawsuit with the District Court in the state of Colorado on Sunday against Lauren Boebert for blocking her on Twitter, citing a First Amendment violation, according to the court documents.
Lauren Boebert maintains two accounts, @RepBoebert and @LaurenBoebert on Twitter. The account which blocked Buentello is account @LaurenBoebert, according to the legal documents.
In the description of the @LaurenBoebert on Twitter, it says the account is a personal account.
Buentello argues Boebert often tweets about policies from her personal account.
“To this day she continues to tweet about policies from that account. This is one of the first things that tell you after you get elected. Here’s the bathrooms, here’s how to write a bill, and don’t block
your constituents because it’s their free speech right to say whatever they want about you as long as you are in public office,” Buentello said.
In the lawsuit filed by attorneys David A. Lane and Andrew McNulty of Killmer, Lane, & Newman LLP, Buentello says, “I believe that Rep. Boebert blocked me because I was critical of her. That belief is supported by Rep. Boebert’s action in blocking me, the timing of her blocking of me.”
Buentello’s lawyers released the following statement to FOX21:
Lauren Boebert, a freshman Colorado Congressional representative, apparently believes that the Constitution begins and ends with the Second Amendment. Despite her incessant whining about the alt-right being censored on social media, she has a Twitter account and she routinely blocks anyone critical of her authoritarian views. Our client, Briana Buentello, is a former elected state legislator who lives in Boebert’s district and is very concerned that Boebert has no knowledge of, nor concern with, the United States Constitution beyond the notion that somehow everyone can carry guns anywhere they so desire. Boebert has blocked Buentello, along with many other people, who are critical of her authoritarian politics. The attached first Amendment suit was filed in the Federal District Court in Colorado [Sunday] morning. We are seeking a preliminary injunction mandating that Boebert stop violating the Constitution she swore an oath to “preserve, protect and defend” little more than two weeks ago. Recently Donald Trump lost an almost identical case filed in New York when he was doing the same thing. Boebert has not learned that lesson. While trying to teach an authoritarian politician to respect the Constitution is akin to trying to teach a pig to sing – (generally it wastes your time and annoys the pig) – nevertheless, we persist.
David Lane and Andy McNulty of the Colorado civil rights law firm of Killmer, Lane & Newman, LLP
It may seem trivial to sue someone for blocking you on twitter, but Buentello believes its more than that.
“It’s easy to get complacent. It’s easy to say oh twitter is no big deal, nobody should care about social media. Because it’s the principal of the matter and the principal of the matter is that we’re all Americans and we’re all entitled to first amendment rights,” said Buentello.
Buentello adds that Boeberts tweet impact her constituents and she should have the right to disagree with her representive.
“I want her to gain an appreciation for the 1st Amendment to realize that the constitution doesn’t begin and end with the 2nd Amendment,” Buentello said.
FOX21 reached out to Lauren Boebert and recieved the following response:
“The office will not be commenting on any pending litigation,” said Jeff Small, Chief of Staff, Congresswoman Lauren Boebert.
According to the Colorado Sun, there has not been a court ruling explicitly outlawing the practice. Courts in other states, however, have ruled it unconstitutional for elected officials to block constituents on social media because it impedes their ability and rights to participate in government.
Click here to view the Motion for Preliminary Injunction and Complaint filed on behalf of Plaintiff Bri Buentello.
