The Rumble and Truth Social Video Platform, the president’s social network, addendum with new information and requests, on Friday (6), against the minister, (Supreme Federal Court), in a Federal Court of Florida.
In the new petition, as a result, they ask the court to determine the payment of “compensatory damages” to companies, as a consequent civil liability of the magistrate.
requests the Court to declare as unenforceable in Moraes’ orders against the platform. It also asks the court to prevent the minister from determining other companies, such as Apple, to remove it at its platform application stores.
“Grant all available damage, including, but not limited to compensatory and consequent damage, damage to reputation, lost revenue and lost business opportunities resulting from the interference of Minister Moraes,” the companies ask on Friday.
The action revolves mainly from a Moraes decision to permanently close the account of the scholarist Allan dos Santos account and prevent the creation of new profiles.
The order would not be restricted to the profile of youtuber in Brazil, but it would be worth around the world, which, for companies, makes it illegal.
Rumble and, as a result, in February-the target of the action in the USA-, the STF minister sent throughout the national territory. It also determined the application of a daily fine of $ 50,000 until the orders are met.
Companies do not detail the value of what they want from compensatory damage, because this would be disrupted later, with the formation of a jury for the trial, which is requested by Rumble. In this sense, the company could ask for Moraes the daily value equivalent to what was charged by it and accumulated over the four months. The final amount would be defined by the jury.
Rumble claims that, in addition to injuring the American Constitution Excerpt on Freedom of Expression, the minister sent a confidential order by email, without going through the legal paths, which reinforces their unenforceability.
Rumble’s lawyer Martin de Luca states that Moraes acted outside the official scope by sending the order by email illegally, and can therefore be responsible civilly.
“He is acting illegally, does not have a legal basis for what he is doing. When a civil servant operates in any country, even in the United States, outside his official powers, you can be liable civilly,” Luca justifies.
“For Alexander’s order to be valid in US territory, he has to go through the government. So now, we want to blame it. And when you act illegally, you don’t have the official immunity of the civil servant,” he adds.
The action was initially filed by media companies in February this year. In the same month, Rumble and Truth Social Rumble provides cloud services that support Truth Social.
The injunction was not granted, but in the justification to deny it, Judge Mary S. Scriven stated that the minister’s decisions do not apply to the US if the defendants are not summoned by the protocols of the Hague Convention and a treaty between the country and Brazil, as is the case.
Therefore, the magistrate evaluated that it was not necessary to give an injunction to avoid compliance with determinations of the minister. The decision does not
Then the US Department of Justice sent Moraes a letter stating that his orders are unenforceable in the US for not having fulfilled the official rite to be approved in the country.
Now, companies have added the action with more elements of what they call the Brazilian minister’s censorship against US residents and US companies in order to reinforce the analysis of the merit of the process.
The letter sent by the Justice Department is cited, as well as other Moraes decisions against people residing in the US, as well as Allan do Santos. The companies cite, for example, orders from the magistrate against journalist Rodrigo Constantino, the former presenter of young Pan Paulo Figueiredo and three more people.
They also cite the fact that Eduardo Bolsonaro (PL-SP) graduated from the mandate of federal deputy to live in the US, claiming to have “sought exile” in another country to escape Moraes.
The action mentions that the State Department has restricted the American visa to foreign authorities that practice censorship acts to US companies or residents. It also says that the acts of Moraes are similar to that of members of the International Criminal Court, who were sanctioned by Trump.
After the state department’s decision, Rumble CEO Chris Pavlovski pinned Moraes on social networks. At X, he wrote, “Dear Alexandre de Moraes, maybe now is the time to let Rumble go back to Brazil? What do you say?”
In the addition, Rumble calls Moraes decisions “gag orders.”
“Gag orders also require Rumble, a Florida -based company without subsidiaries, presence, personal or active in Brazil, designates a legal representative in Brazil solely with the purpose of accepting the notification of gag orders and submitting to the authority of Minister Moraes,” they claim.
“Allowing Minister Moraes to silence a vocal user on an American digital platform would endanger our country’s fundamental commitment to open and robust debate. Neither extraterritorial dictates or abroad excesses can nullify the freedoms protected by the Constitution and US laws,” the action says.
According to Luca, the thesis that Moraes’ orders are unenforceable in the US have already been recognized by both the Florida magistrate and the Justice Department. Therefore, the goal now is to get the repair of damage.
“We already have justice saying it’s illegal,” says the lawyer. In the action, he claims that the orders interfere “directly on the operations, trade relations and freedom of expression of the applicants in Florida”.
“Gag orders require suspension and prohibit account creation, oblige RUMBLE to deliver information from account holders, impose daily fines and force Rumble’s closure in Brazil – a Florida corporation with servers located in this district – and potentially elsewhere,” the document says.
