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The Department of Justice (DOJ) sent an unprecedented letter to a Brazilian Supreme Court justice in May, admonishing the judge for ordering American-based video platform Rumble to restrict the free speech of a user on U.S. soil, describing the orders as international overreach that lack enforceability.
Rumble, a popular U.S.-based video-sharing platform that bucks censorship efforts frequently found on other video and social media platforms, is at the center of an international battle to protect free speech that has been ongoing for months.
Brazilian Supreme Court Justice Alexandre de Moraes ordered the suspension of Rumble in the South American country back in February over claims the U.S. company did not comply with court orders, including removing the accounts of a Brazilian man living in the U.S. and seeking political asylum.
“If you look at what’s happening around the world, it’s clear we’re living through a perilous moment for anyone who believes in freedom of expression — a fundamental human right enshrined in the U.S. Constitution and recognized globally, even by the United Nations,” Rumble CEO Chris Pavlovski exclusively told Fox News Digital Tuesday following the DOJ’s May letter.
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“The fact that Rumble has become a central player in this global fight for free speech is a powerful validation of our mission. We’re proud to stand at the front lines of this effort and grateful that President Trump and his administration have made this battle a foreign policy priority.”
Moraes is now in the U.S. government’s crosshairs after the DOJ sent a letter to him in May outlining his reported international overreach into U.S. law affecting the First Amendment, as well as Secretary of State Marco Rubio revealing in a congressional hearing that the Brazilian judge could face U.S. sanctions.
Moraes had ordered Rumble to remove a user from its platform as he stands accused of spreading false information online and is considered a fugitive in Brazil. Rumble refused and was threatened with financial penalties for the lack of cooperation.
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The DOJ letter, dated May 7 and made public Thursday, argued that Moraes’ orders are not enforceable in the U.S.
“These purported directives to Rumble are made under threat of monetary and other penalties,” the letter, signed by DOJ official Ada E. Bosque, reads. “We take no position on the enforceability of the various orders and other judicial documents directing Rumble to act within the territory of Brazil, which is a matter of Brazilian law. However, to the extent that these documents direct Rumble to undertake specific actions in the United States, we respectfully advise that such directives are not enforceable judicial orders in the United States.”
The DOJ did not have additional comment to provide when approached about the letter Tuesday.
Pavlovski described to Fox Digital that the letter is “unprecedented” and draws a clear line to foreign nations that they cannot attempt to thwart U.S. laws and the First Amendment.
“The letter from the U.S. Department of Justice to a foreign judge over censorship orders is unprecedented,” Pavlovski said. “It draws a bright red line: foreign officials cannot issue censorship orders that violate the First Amendment or bypass U.S. law. That kind of extraterritorial overreach is incompatible with American sovereignty. And that’s good news, not just for Americans, but for free societies everywhere.”
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The letter continued that there are established channels for international legal proceedings, which the DOJ said the judge bypassed, and directed the Brazilian judge to various proper procedures he could take regarding the court orders.
Rumble facing restrictions in foreign nations is hardly new, with the platform currently disabled in China, Russia and France, as well as Brazil. It has also previously received censorship demands in nations such as the U.K., Australia and New Zealand, but has maintained its free speech objective.
The DOJ’s letter comes as Rubio revealed in a House Committee on Foreign Affairs hearing in May that the State Department is considering sanctions against Moraes under the Magnitsky Act. The Global Magnitsky Human Rights Accountability Act authorizes the U.S. government to sanction individuals overseas if determined responsible for human rights abuses or corruption.
“We’ve seen pervasive censorship, political persecution targeting the entire opposition, including journalists and ordinary citizens,” Republican Florida Rep. Cory Mills asked Rubio at the hearing in May. “What they’re now doing is imminent, politically motivated imprisonment of former President Bolsonaro. This crackdown has extended beyond Brazil’s borders, impacting individuals on U.S. soil., the 2023 Financial Times article actually talked about this. What do you intend to do? And would you be looking at Supreme Court justice sanctioning of Alexandre de Moraes under the Global Magnitsky Act?”
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Rubio responded, “That’s under review right now, and it’s a great, great possibility that will happen.”
Days later, Rubio posted to X that the State Department will roll out visa restrictions on foreigners found “complicit” in censoring Americans.
“For too long, Americans have been fined, harassed, and even charged by foreign authorities for exercising their free speech rights,” Rubio wrote on X. “Today, I am announcing a new visa restriction policy that will apply to foreign officials and persons who are complicit in censoring Americans. Free speech is essential to the American way of life — a birthright over which foreign governments have no authority.”
“Foreigners who work to undermine the rights of Americans should not enjoy the privilege of traveling to our country,” Rubio added, not naming specific individuals responsible for such actions. “Whether in Latin America, Europe, or elsewhere, the days of passive treatment for those who work to undermine the rights of Americans are over.”
Moraes is also overseeing the upcoming trial of former Brazilian President Jair Bolsonaro, who is accused of allegedly attempting to overturn his 2022 election results.
Brazil President Luiz Inacio Lula da Silva slammed the U.S. for threatening sanctions against Moraes in comment this week.
“It is unacceptable for the president of any country in the world to comment on the decision of the Supreme Court of another country,” da Silva said Tuesday, according to Reuters.
The Brazilian president added that the U.S. should understand the importance of “respecting the integrity of institutions in other countries.”
Fox News Digital reached out to Moraes’ office Tuesday but did not immediately receive a reply.
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