Trump-backed media company sues Brazilian Supreme Court justice, claims he's illegally censoring free speech

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."

"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.

"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.

"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. 

TMTG was founded in February 2021 by Trump and Andy Dean Litinsky. The company started trading on the NASDAQ in March 2024.