Trump Media, linked to the President of the United States, Donald Trump, asked the American court to hold responsibility for Minister Alexandre de Moraes, the Supreme Court (STF), for the issuance of “secret orders of extraterritorial censorship”.
The action presented by Trump’s company and the Rumble Video Platform claims that Moraes violated the American Constitution by applying Brazil’s laws on freedom of expression to companies in the United States. The Supreme Court said it would not comment.
The request made to the American court cites the inquiry that aims the licensed federal deputy Eduardo Bolsonaro (PL-SP) as evidence of the “abuse of authority” of Moraes. At the request of the Attorney General’s Office (PGR), the son of former President Jair Bolsonaro (PL) was investigated for alleged performance in the United States against Brazilian authorities.
According to Trump Media and Rumble, Eduardo requested political asylum in the United States in March. For the PGR, the licensed deputy has been dedicated to achieving the US government to members of the STF, the prosecutor and the Federal Police with the “intention to embarrass the progress of the trial” of Bolsonaro, defendant in court for attempted coup.
Indemnity
Companies want US courts to declare “unenforceable” Moraes’ orders in US territory for violating the first amendment. The parties also ask for compensation and the personal responsibility of the Brazilian magistrate.
The joint action is processed in a Florida court and is not the first to have Moraes as a target. In February, the same Rumble and Trump Media fired the American courts against the Supreme Minister for alleged violation of the country’s sovereignty. The process is considered strange to the procedures of international law and can be null and void in the legal sphere, according to experts.
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This time, one of the points cited in the action is the fact that the fake news inquiry – whose rapporteur is Moraes – has been opened unilaterally, ignoring the prosecutor. According to the play, critics in Brazil and abroad state that the inquiry is unconstitutional for attributing to the minister the functions of investigator, prosecutor and judge under the flag of combating “fraudulent news”.
‘Discrimination’
Company and platform claim that the fake news inquiry – opened in 2019 – has become a “comprehensive digital repression mechanism, implementing political discrimination against independent opponents and voices in the press”. And they argue that Moraes has routinely issued orders “forcing the US and online service providers to ban users based on ‘criminal speech’ or ‘undemocratic’ allegations.
“Since 2022, Minister Alexandre de Moraes would have ordered the suspension of almost 150 social networking accounts, aiming at a wide range of individuals, including elected staff, journalists, legal professionals, artists and ordinary citizens. The overwhelming majority of these targets is the criticism of the current Brazilian president, Luiz Inácio Lula da Silva, the minister or Brazilian institutions under his control,” says the joint action.
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Also according to the play, the orders of the Brazilian magistrate “represent the type of violation of freedom of expression that the United States has systematically rejected because it is incompatible with its constitutional order.” For the company and the platform, Moraes imposes fines and arrest requests for Brazilians on American soil with “vague allegations of undemocratic discourse”, which infringes US policy.
‘Interference’
Rumble points out that Moraes promotes improper interference on the platform, which “has valid contracts with its users through its terms of use.” “The contract offers video sharing under specified terms. Users agree with the terms of use when creating an account. Rumble provides video sharing services and other features while users provide content and traffic that generate monetization,” says the action.
In February, the STF minister suspended Rumble in Brazil after the company fails to comply with the judicial determination that required the appointment of a legal representative in the country. In March unanimously, the Supreme Plenary upheld the minister’s decision.
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The clash between Moraes and the platform began after Rumble refused to block the profile of blogger Allan dos Santos, who is on the run from Brazilian authorities. Investigated by spreading fake news and attacks on STF members, Santos had suspended profiles on other social networks.
“Judge Moraes interfered with existing Rumble contracts and prospective trade relations, including through the issuance of orders directed to the platform requiring suspension and prohibiting account creation, requiring Rumble to deliver protected accounts.” According to the action, the minister violates the first amendment to the United States Constitution, as the suspensions of accounts determined by Moraes prevent the availability of content in US territory.
