A U.S. judge ruled that Rumble and Trump Media need not comply with a Brazilian censorship order targeting the U.S. accounts of a Brazilian political dissident.
A federal judge in Florida has ruled that video-sharing platform Rumble and Trump Media & Technology Group (TMTG), the parent company of Truth Social, are not required to comply with gag orders issued by a Brazilian Supreme Court justice.
The orders, issued by Brazilian Supreme Court Justice Alexandre de Moraes, had demanded the removal of U.S.-based accounts belonging to a prominent supporter of former Brazilian President Jair Bolsonaro, in a case raising concerns over international judicial overreach and free speech rights in the United States.
In a Feb. 25 ruling, U.S. District Judge Mary Scriven found that Moraes’s orders were unenforceable in the United States because they were not properly served under international law, including the Hague Convention and the U.S.–Brazil Mutual Legal Assistance Treaty.
“Under well-established law, Plaintiffs are not obligated to comply with the directives and pronouncements, and no one is authorized or obligated to assist in their enforcement against Plaintiffs or their interests here in the United States,” the judge wrote.
However, the judge denied without prejudice a request for a temporary restraining order filed by Rumble and TMTG, ruling that the case is not ripe for judicial review because no enforcement action had been taken against the two companies in the United States. This means the case could be revived if Brazilian authorities or another entity attempt to enforce the orders.
The lawsuit, brought by Rumble and TMTG on Feb. 19, accused Moraes of engaging in illegal censorship by issuing gag orders to suppress the U.S. accounts of a “well-known politically outspoken user” of Rumble, referred to in the complaint as “Political Dissident A,” later identified as Allan dos Santos. A supporter of Bolsonaro and a fugitive in Brazil, Santos is under investigation for allegedly spreading false information and hate speech.
Moraes’s orders required Rumble to suspend Santos’s accounts, block new ones, disclose user data, and appoint a legal representative in Brazil to submit to Brazilian judicial authority. The orders also imposed escalating fines and threatened to shut down Rumble’s operations in Brazil for noncompliance.
In their lawsuit, Rumble and TMTG argue that Moraes’s actions violated constitutional protections of free speech and contravened other U.S. laws, including Section 230 of the Communications Decency Act, which shields platforms from legal liability for user-generated content.
“The Gag Orders, as issued, censor legitimate political discourse in the United States, undermining fundamental constitutional protections enshrined in the First Amendment,” the plaintiffs said in the complaint. “Justice Moraes’s extraterritorial demands inflict immediate and irreparable harm on Rumble and TMTG by undermining lawful American political discourse, a right central to free speech under U.S. principles.”
By Tom Ozimek
