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Fachin Rebuts U.S. House Report Accusing Moraes of Censorship

The court leader cast the takedown orders as part of criminal probes into digital militias.

Overview

  • Fachin, in a note Thursday, called the U.S. committee’s account distorted and said clarifications will be sent through diplomatic channels.
  • The U.S. House Judiciary Committee’s preliminary report accuses Justice Alexandre de Moraes of a censorship campaign, lists 85 orders to remove or suspend content naming Monark, Alan dos Santos and Eduardo Bolsonaro, and warns of effects on the 2026 election.
  • Fachin said the removals stem from investigations into networks accused of crimes against democracy, including attempts to abolish the democratic state, a coup plot and criminal association.
  • To defend the court’s approach, he cited a June 26, 2025 ruling that kept court orders as the norm for platform liability but created narrow exceptions and a duty of care for grave crimes such as terrorism, child abuse, racism and attacks on democracy.
  • The committee also claims Brazilian requests led platforms to take down posts that praised President Donald Trump or criticized Joe Biden, framing the dispute as a threat to U.S. free speech.