☆ A Free Speech win: Ortiz’ efforts to silence citizen journalist backfires
The controversial D5 CM tries to censor local critics. It’s not the first time. But local courts remind him of the First Amendment—and deny his call for a restraining order. An Opp Now exclusive.
Background
In December 2023, Peter Ortiz filed for a Restraining Order (TRO) against local citizen journalist Robert Saenz. Saenz publishes a number of popular social media accounts which report on local community news and current events. Ortiz claimed that Saenz posted defamatory content about the District 5 council member.
Judges subsequently tossed Ortiz’ TRO request, noting that Saenz’ content was constitutionally protected speech, and directed Ortiz to pay $54,000 to Saenz for lawyer’s fees. {Source: San Jose Spotlight}
Local media favored Ortiz’s TRO claim—until they didn’t
Local legacy media covered the TRO claim in a friendly manner to Ortiz. The Merc ran a full news story on Ortiz’ claim, and KTVU dedicated a news segment.
However, when the TRO claim was thrown out, both outlets went quiet: neither updated their stories nor covered the judges’ rejection of the TRO. {Editor’s note: A classic example of how media bias manifests itself not just in tilted coverage, but by ignoring counter-narrative facts.}
This contrasts with the thoughtful analysis of the free speech and constitutional issues associated with the rejection of the TRO, as explored by the Davis Vanguard and Reason magazine.
A pattern: Ortiz has a lengthy history of using inflammatory and coercive language to silence opponents
At a 4.25.23 SJ City Council meeting, Ortiz exclaimed that anyone who voted against a proposal to make it easier for non profits to purchase housing were committing “violence against working families.” Mayor Mahan pushed back on Ortiz, stating, "You’re very much entitled to your opinion. I will continue to take exception to the idea that anybody’s vote against COPA here is an act of violence."
During March and April, 2023, Ortiz, along with CM’s Omar Torres and Domingo Candelas, inappropriately sent communiques to a local business owner on city letterhead, coercing them to unionize.
On 7.25.23, Ortiz joined a press conference with a collection of left-wing activists accusing—falsely and without any evidence—local business and advocacy/educational groups (including this humble blog) of trafficking in (you guessed it) notions “rooted in racism” when discussing the actions of the councilmembers.
Ortiz’ efforts to stifle free expression hinder the Social Justice agenda
Nobody serious doubts that legacy racism, sexism, and classism contributes mightily to ongoing inequities in Silicon Valley. Unfortunately, Ortiz’ over-the-top actions and statements undermine efforts by more effective politicians and activists to create a community consensus to address these issues. Ortiz’ exaggerations make it easy to dismiss him, and hard to take him seriously. As Jean de la Bruyere concluded: “We weaken that which we exaggerate.”
It can also be construed that when political leaders like Ortiz use inflammatory and coercive language, it can be seen as a validator or enabler of violent and intimidating acts against political opponents.
What to expect going forward
Even though Ortiz lost his court case and has to pay Saenz’ legal fees, his aggressive use of the power of his office and the City Council dais leaves a chill in the air regarding local free speech.
Remember, we look to our political and civic leaders to defend our rights to free expression and thought—especially when attacked by powerful governmental entities. To date, only Mahan has stood up to Ortiz’s bluster.
We can only hope that next time—and we’re pretty confident there will be a next time—our mayor and the courts will not be the only ones defending our constitutionally protected rights.
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