Ortiz

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Events Leading Up to the Restraining Order Request Saenz operated a social media account under the username “@ESSJTIMES”2 which, at the relevant time, was accessible to the public and had almost 80,000 followers. Saenz used the account to disseminate news pertaining to the Eastside San Jose community. He would “post” content on the account by uploading or sharing a video, image, or message. On occasion, Saenz also employed the platform to voice criticism of the local school boards, city council, and mayor of San Jose. During the time period at issue in this case, Ortiz was a member of the San Jose City Council. In the fall of 2023, Saenz posted a video on his account criticizing another elected member of the San Jose City for promoting a children’s event known as “Drag Queen story time.” In the video, Saenz claimed the event was “inherently sexual” and posed a threat to children. He included the council member’s social media account in his post (a practice commonly referred to as “tag” or “tagging”), after which Saenz’s followers began posting negative messages on that council member’s account. Ortiz, in defense of his colleague,…