OPINION: Rogue Brazilian Judge Censoring Americans – Sanction Him

Senator Marco Rubio announced late last month that the State Department would begin restricting visas for foreign officials who censor speech or target American citizens online. That’s a step in the right direction — but it’s not enough. Rubio should go further and push for direct sanctions on Brazilian Supreme Court Justice Alexandre de Moraes, who has repeatedly attacked free expression in both Brazil and the United States.

Justice Moraes has become a one-man censorship regime, determined to muzzle critics of Brazil’s left-wing government and stifle dissent — not only within Brazil, but also on American platforms and among American users. He is not merely attacking domestic opposition; he is using his position to bully U.S.-based social media platforms to aid and abet his censorship while also demanding access to private user data.

Under the Global Magnitsky Act, the U.S. government has the power to sanction any foreign individual involved in serious human rights abuses or corruption, including censorship and the repression of political freedoms. Sanctions under that act can freeze a target’s U.S. assets, block access to the American financial system, and ban entry into the United States.

Moraes, who is actively undermining democracy and attempting to suppress speech in the United States from his judicial chambers thousands of miles away, is a prime candidate for inclusion on this list. Over the past several years, Moraes has used his role on Brazil’s highest court to silence voices he deems a threat to “democracy” — which, in practice, has meant targeting supporters of former conservative President Jair Bolsonaro.

Like President Donald Trump, Bolsonaro is a populist who champions free markets, gun rights, and traditional family values. In 2022, Bolsonaro lost a contested election to current President Lula da Silva amid widespread controversy over Brazil’s election integrity. Since then, Bolsonaro has remained the central figure of Brazil’s conservative movement, much to the dismay of the country’s leftist judiciary.

Justice Moraes has retaliated by orchestrating a free speech crackdown. He ordered social media companies to ban Bolsonaro supporters and even temporarily shut down Elon Musk’s platform X (formerly Twitter) in Brazil. In response, Musk described Moraes as a man who is “trying to destroy democracy in Brazil.”

Moraes also froze the bank accounts of Starlink, Musk’s satellite internet company, for refusing to censor users. He has demanded that American tech firms hand over the confidential data of Brazilian dissidents — some of whom have fled to the United States for refuge. He even ordered the removal of accounts belonging to Trump Media and Rumble, prompting both companies to sue him earlier this year in U.S. court. A federal judge ruled that Moraes’ orders did not carry binding force in the United States, but the attempted censorship effort still raised alarm.

In short, Moraes is not content to control speech in Brazil. He wants to control it here, too.

Senator Mike Lee (R-UT) has already urged that Moraes be added to the Magnitsky Act list. So has Congressman Rich McCormick (R-GA), who warned on X that Moraes is “weaponizing the Brazilian judiciary to rig the 2026 elections, silencing opposition, and protecting President Lula.”

McCormick rightly called the indictment of Bolsonaro “political persecution,” and drew direct parallels to the left’s lawfare campaign against President Trump here at home. “Moraes is also a threat to the U.S., censoring American companies, suppressing free speech, and violating digital sovereignty,” McCormick added. “His authoritarian tactics demand action.”

Indeed, Moraes is presiding over an effort to bar Bolsonaro from running for office again until at least 2030. That’s not democracy — that’s regime preservation. And it mirrors the left’s playbook in America, where activist judges have repeatedly tried to interfere in elections, remove candidates from ballots, and silence political speech under the guise of “combatting misinformation” and “saving democracy.”

The deeper threat is global. As Vice President JD Vance said in February at the Munich Security Conference, free speech is retreating not because of foreign enemies, but because of internal decay. “The gravest threat to European democracies,” he warned, “comes not from external actors, but from within, in the form of eroding liberal principles like free expression.” Vance was speaking to the European situation, but his words apply just as clearly to Brazil — and to what Moraes represents.

The United States must take a stand. Freedom of speech is one of our most cherished rights, enshrined in the First Amendment and inseparable from the American identity. If we allow foreign tyrants to intimidate American companies and dictate who can speak and what they can say, we surrender not just sovereignty but principle.

Brazil is an important country. With leaders like Javier Milei in Argentina and Bolsonaro in Brazil, South America could be poised for a populist, free-market resurgence. But that future cannot take root under the shadow of judicial censorship. Moraes is using his power to silence political enemies, protect a leftist regime, and interfere in elections — and he’s trying to export that model abroad.

Secretary Rubio should take action. The Magnitsky Act was created for moments like this — moments when a foreign official abuses power to suppress freedom, harm democratic norms, and threaten the rights of others across borders. Moraes has crossed that line. It’s past time to respond.

Jordan Hess, a native of Utah, holds a bachelor’s degree in political science and a master’s from George Washington University in political management. He gained Capitol Hill experience working in the US Senate for four years and at The Heritage Foundation for three. He currently resides in Utah doing government affairs work and is actively involved in political campaigns.