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US Judge Rules Trump Media and Rumble Exempt from Brazilian Order Deemed as Censorship

On February 25th, a U.S. judge ruled in favor of President Donald Trump's media company in a dispute regarding potential illegal censorship of right-wing voices on social media by a top Brazilian judge. The case, initiated by Trump Media & Technology Group and the video-sharing platform Rumble, involved U.S. District Judge Mary Scriven declaring that Rumble was not required to adhere to the Brazilian judge's order to remove U.S.-based accounts associated with a prominent supporter of former Brazilian President Jair Bolsonaro.

Accusing Brazilian Supreme Court Justice Alexandre de Moraes of attempting to censor protected political discourse under the U.S. Constitution's First Amendment, Trump Media and Rumble contested the order. Judge Scriven noted that Moraes' order had not been enforced and had not been served to the parties in compliance with international treaties, thus relieving Trump Media and Rumble of any immediate obligation to comply and rendering their legal actions premature.

Trump Media's CEO, Devin Nunes, hailed the ruling as "a major victory for free speech and free expression online." Rumble echoed this sentiment, emphasizing that the decision was "a complete victory for free speech" and underlining that foreign governments cannot enforce censorship on American platforms outside U.S. legal boundaries.

In response to a request for comment, Brazil's Supreme Court remained silent. The initial directive from Moraes targeted Allan dos Santos, a U.S.-based digital influencer and associate of Bolsonaro, who faces legal trouble in Brazil related to disinformation dissemination.

Not long after Brazilian prosecutors charged Bolsonaro and Trump Media with trying to subvert the government, the legal battle ensued, culminating in Rumble's suspension by Brazil's Supreme Court for non-compliance, drawing parallels with a similar action taken against Elon Musk's X the prior year.

Moraes has been actively combating perceived threats to democracy and the misuse of disinformation, a stance that has drawn criticism from Bolsonaro's followers and Musk, a Trump supporter. Trump retains a majority stake of about 53% in Trump Media, managed by his son Donald Trump Jr. Furthermore, U.S. Vice President JD Vance made an investment in Rumble in 2021.

Judge Scriven, appointed by former President George W. Bush in 2008, had previously served as a federal magistrate judge for 11 years.