MIAMI — The media company founded by former President Donald Trump has initiated legal action against a justice of Brazil’s Supreme Court, claiming that the justice infringed upon U.S. free speech rights by imposing restrictions on a right-wing supporter of ex-President Jair Bolsonaro. The lawsuit was filed in a Tampa federal court shortly after Bolsonaro was charged in Brazil for his alleged involvement in a failed coup that aimed to ensure his continued presidency after losing the 2022 election to Luiz Inácio Lula da Silva. Prosecutors have alleged that this plot included plans to poison Lula and assassinate Justice Alexandre de Moraes, who has been a prominent judicial opponent of Bolsonaro.
The suit was brought forth by Trump Media & Technology Group, which is headquartered in Sarasota, Florida, and operates the Truth Social platform that Trump frequently uses to connect with his audience. Additionally, Rumble, a video-sharing platform that collaborates with Truth Social and positions itself as a bastion of free speech, has joined the lawsuit as a plaintiff.
In the extensive 39-page filing, the plaintiffs contend that Moraes exceeded his legal jurisdiction and breached international law by taking steps to shut down U.S.-based accounts belonging to a Brazilian commentator currently seeking asylum in the United States. The legal document identifies this individual merely as “Political Dissident A.”
The attorneys representing the plaintiffs articulated in their complaint, “Justice Moraes cannot dictate the contours of lawful discourse within the United States.” They emphasized that free speech serves as a fundamental principle entrenched in the U.S. Constitution, praised for its protection under the First Amendment, while consistently opposing all forms of censorship.
The complaint also outlined that Rumble is facing potential penalties of $9,000 per day along with threats of service suspension in Brazil unless it complies with Moraes’ directives. Though not the primary target of Moraes’ gag order, Trump Media asserts that the operations of Truth Social could be adversely affected if Rumble were to be forced offline.
Justice Moraes has become a key legal figure in Brazil, asserting himself as a defender of democracy in light of Bolsonaro’s surprising election victory in 2018. Initially, the judicial inquiry focused on disinformation and threats to the Supreme Court, but it has since broadened to include investigations into Bolsonaro concerning corruption and attempts to undermine the country by challenging freedoms of expression. Prior to the 2022 election, Bolsonaro leveraged his substantial social media influence to raise unsubstantiated claims against Brazil’s electronic voting system.
Brazil’s Constitution, crafted in the aftermath of the 1964-1985 military dictatorship, provides less robust protections for free speech compared to the U.S. context, where the First Amendment is ingrained in educational curriculum. Moraes has taken significant actions, including the 2020 police raids on the residences of several far-right Bolsonaro supporters and the freezing of social media accounts related to them.
Supporters of Bolsonaro have been vocal in their desire to impeach Moraes, and even some critics of the former president have raised concerns over the justice’s confrontational methods in dealing with political dissent.
