Trump-backed media company sues Brazilian Supreme Court justice, claims he's illegally censoring free speech
The Trump Media & Technology Group (TMTG) and Rumble filed a lawsuit against a Brazilian Supreme Court justice on Wednesday, claiming voices in America were being illegally censored on social media.
TMTG, the parent company of Truth Social and Rumble, a video-sharing platform dedicated to free speech, accused Justice Alexandre de Moraes of attempting to "illegally censor American companies operating primarily on American soil," according to the lawsuit filed in a U.S. federal court in Tampa.
TMTG and Rumble accused Moraes of issuing a "blatantly unlawful gag order" on political discourse "outside the scope of Justice Moraes's authority" under Brazilian law because it impacts American companies. The lawsuit describes a person identified as "Political Dissident A," who fled Brazil for political asylum in the U.S. after Moraes issued a warrant for his arrest for the crime of "spreading misinformation" and "criticizing the Supreme Court."
"Justice Moraes has issued sweeping orders to suspend multiple U.S.-based accounts… of a well-known politically outspoken user… ensuring no person in the United States can see his content," the lawsuit, which has been obtained by Fox News Digital, states.
According to the lawsuit, Moraes has ordered Rumble to block the account of "Political Dissident A," or face the shutdown of Rumble in Brazil, but plaintiffs argue that allegedly "spreading misinformation" and "criticizing the Supreme Court" are perfectly legal in the U.S. where Rumble operates. Truth Social says it would also be impacted because it relies partially on Rumble technology.
"The Gag Orders, as issued, censor legitimate political discourse in the United States, undermining fundamental constitutional protections enshrined in the First Amendment, clashing with the Communications Decency Act, and defying basic comity principles," the lawsuit continues.
The Rumble and TMTG legal teams are seeking a judgment declaring Moraes's Gag Orders unenforceable in the United States.
"Allowing Justice Moraes to muzzle a vocal user on an American digital outlet would jeopardize our country's bedrock commitment to open and robust debate. Neither extraterritorial dictates nor judicial overreach from abroad can override the freedoms protected by the U.S. Constitution and law," the lawsuit states.
Neither Rumble nor TMTG has any entities, operations, employees, bank accounts, or businesses in Brazil, according to the lawsuit.
"If Justice Moraes's actions were confined to Brazil, they would be regrettable, and likely not in the province of U.S. Courts. But many of Justice Moraes's actions, including the illegal Gag Orders challenged here, reach directly into the United States to compel action by U.S. companies having no presence in Brazil, and which will have the effect of suppressing speech not just in Brazil, but in the United States and throughout the world," the lawsuit states.
"This extraterritorial censorship thus exerts a direct, tangible impact on both Rumble and TMTG. Rumble—with its headquarters, key physical servers, and technical infrastructure located on American soil—is subject to crushing fines or an outright ban if it defies Justice Moraes's Gag Orders," the suit continues.
"The stakes are magnified by the possibility that Justice Moraes may pressure Google or Apple to remove the Rumble app from their app stores entirely, effectively banning it from U.S. devices, as well as other third service telecom providers to shut down Rumble. As a result, Truth Social—which depends, in part, on Rumble's technology—risks operational challenges in the United States," the lawsuit added.
Rumble and TMTG asked the court to "reject the enforceability of Justice Moraes's orders on the grounds that they were issued and attempted to be enforced in violation of established legal mechanisms, in breach of U.S. sovereignty, in violation of U.S. laws, and in a manner incompatible with U.S. public policy."
Moraes did not immediately respond to a request for comment.
Moraes recently "received an indictment that would force him to decide whether to order the arrest of Jair Bolsonaro, the former Brazilian president and an ally of Mr. Trump," according to The New York Times. Bolsonaro is accused of participating in a plan to remain in power despite losing to current President Luiz Inácio Lula da Silva. Bolsonaro has denied any wrongdoing.
"Justice Moraes has argued that his actions are necessary to protect Brazil from the anti-democratic acts of Mr. Bolsonaro and his supporters," the Times added.
Moraes has been outspoken against misinformation on social media and previously battled X owner Elon Musk, blocking his social media network in Brazil until Musk complied with orders to suspend "hundreds of social media accounts" belonging to Bolsonaro supporters, according to the Times.
On June 25, 2024, President Donald Trump owned approximately 58.7% of the outstanding shares of TMTG, according to the company's website. In December, he transferred almost all his shares to the Donald J. Trump Revocable Trust, according to a Securities and Exchange Commission filing.
TMTG was founded in February 2021 by Trump and Andy Dean Litinsky. The company started trading on the NASDAQ in March 2024.
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