|
|
|
|
|
|
by insane_dreamer
655 days ago
|
|
|
Moraes was granted that authority by the Supreme Court, so it is legal. Whether it's right or wrong is a different question, but Moraes' actions are not "illegal". Moraes does seem to be acting like an unaccountable little dictator in his fiefdom, which is dangerous. But then again Elon acts like an unaccountable little dictator in his fiefdom, which is also dangerous, so I don't really mind that X is getting banned. I'd feel completely differently if it were Mastodon or even some other commercial network over which a single person doesn't have an iron grip. |
|
|
This is not exactly true, so let me explain it. Moraes is himself a justice on the Supreme Court. He was not granted authority by it. His own claim actually acknowledges that no new laws (either legislation or constitutional amendments) were passed to give him this power. Instead his claimed power rests on something more confusing and again, illegal. Brazil has two top level courts - an electoral court and a Supreme Court, for simplification and use of common international language. These two are separate courts and are supposed to have separation of powers. When de Moraes was president of the electoral court, he proposed in October 2022 to the electoral court that he be granted the unilateral power (as a single person) to remove online content as part of his role in the other court, the federal court (where he was inaugurated in 2017) - this is all easy to verify and there are many sources (https://en.wikipedia.org/wiki/Alexandre_de_Moraes).
Obviously, it is a total violation of the separation of powers for him to sit on one court and grant himself powers that he can use through the other court. Because no new legislation is involved, it also violates the fundamental role of the judicial system, since the creation of laws is part of the legislative power in Brazil.
> But then again Elon acts like an unaccountable little dictator in his fiefdom, which is also dangerous, so I don't really mind that X is getting banned
I don’t condone Elon’s erratic behavior. However, I think generally he has been more on the side of free speech and civil liberty than the previous leadership of Twitter. For example, after Musk’s acquisition, Twitter tried hard to stop censorship in India through a lawsuit against the government that they battled in 2023. They did not succeed, in part because India passed laws that legalized censorship unfortunately. But at least Twitter/X tried. As far as I can tell, they have been consistent with their public policy of following local laws when it comes to content moderation and censorship. But in Brazil’s case, the orders appear to be illegal (example: https://x.com/AlexandreFiles/status/1829979981130416479/phot...).
Whatever his demeanor is though, he is a private individual, and his actions matter less than actions of the state. Alexandre de Moraes is a Supreme Court justice. Whether Elon antagonizes him or not, he should remain neutral, stick to the law as written, and lean in favor of civil liberties as a default anytime there is something controversial or ambiguous.