An interesting post by Jacob Mchangama (Vanderbilt) and Jeff Kosseff (US Naval Academy). A brief excerpt:
In 2019, Dias Toffoli, then-Chief Justice of Brazil's Federal Supreme Court, appointed fellow judge Alexandre de Moraes to lead an inquiry to investigate "fake news, false reports of crimes, slanderous reports, threats, and other infractions" that "affect the honor and security of the Federal Supreme Court, its members, and family." De Moraes soon dramatically expanded the scope of his powers to include "fake news" and propaganda aimed at democratic institutions more generally, with wide-ranging consequences for political speech in Brazil.
By 2022, when appointed President of the Electoral Court, de Moraes received expanded authority to police political speech during elections to prevent the "distribution and sharing of knowingly untrue or gravely decontextualized information affecting the electoral process". de Moraes' controversial methods have divided Brazilian opinion — some see him as a defender of democracy, others as the censorial Grand Inquisitor of the Brazilian public sphere.
De Moraes most recently made headlines with his suspension of conservative social media platform Rumble for allegedly allowing the dissemination of misinformation. We're not qualified to comment on de Moraes' application of Brazilian law, but it's worth noting that de Moraes' decision goes to great lengths in defending the blanket ban against Rumble based on principles of liberal philosophy and foreign legal standards, including First Amendment jurisprudence. But in doing so de Moraes manages to mangle John Stuart Mill and misrepresent U.S. free speech law.
The whole thing is much worth reading.
The post "How Brazil's Justice de Moraes Weaponized Liberal Philosophy and the First Amendment Against Free Speech" appeared first on Reason.com.
