Can a Foreign Court Control Free Speech in America?

Two American companies, Rumble Inc. and Trump Media & Technology Group Corp (TMTG), are taking a stand against what they call an “unprecedented” attack on First Amendment rights by a foreign government. Their lawsuit, filed in a Florida federal court, seeks to block the enforcement of censorship orders issued by Justice Alexandre de Moraes of Brazil’s Supreme Federal Tribunal.

However, a ruling last week by a federal judge in Florida has determined that Rumble and TMTG are not required to comply with these orders due to the way Moraes made his demands - avoiding diplomatic channels.

While this is a win for free speech, it raises larger questions about what would happen if a case like this were to proceed to trial.

The plaintiffs argue that Justice Moraes has overstepped his jurisdiction by demanding that Rumble and TMTG remove content, disclose private user data, and even appoint legal representatives to submit to Brazilian court authority. At the heart of the issue is whether a foreign judge can impose content restrictions on American companies operating on US soil—a question that has profound implications for the future of internet governance and free speech worldwide.

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