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Elon Musk Argues Brazilian Court Order Mandating X to Block Accounts is Unconstitutional

Elon Musk has intensified his clash with Brazil’s Supreme Court, calling for a judge’s resignation or impeachment following Justice Alexandre de Moraes’ inquiry into Musk’s social media platform, X, over allegations of spreading misinformation related to the January 8 riots in Brasilia in 2023. In a statement posted on X on Sunday, Musk, who serves as the company’s owner and chief technology officer, criticized court orders compelling X to block certain accounts in Brazil and imposing a gag order prohibiting X from discussing the matter, labeling them as unconstitutional. He declared that X would no longer comply with these demands.

“X will soon reveal all the details demanded by de Moraes and demonstrate how these requests violate Brazilian laws. This judge has blatantly disregarded the constitution and the people of Brazil. He should either resign or face impeachment,” Musk wrote. “These demands are among the most oppressive in the world!”

However, in response to Musk’s threat to unblock the accounts in a post late on Saturday, Moraes announced on Sunday that he was expanding his investigation to include Musk and launching a new inquiry to prevent potential obstruction of justice, involvement in criminal organizations, and incitement to crime. Accusing Musk of conducting a disinformation campaign against the Supreme Court, Moraes imposed daily fines of $19,775 for each reactivated profile on the platform. X’s Global Government Affairs team criticized the lack of transparency surrounding the court orders.

“We are unaware of the grounds for these blocking orders or which specific posts are alleged to violate the law. We are barred from disclosing the court or judge issuing the orders, as well as the affected accounts. Failure to comply risks daily fines,” the team stated. “We believe that such orders contravene the Marco Civil da Internet and the Brazilian Federal Constitution, and we intend to challenge them legally whenever possible.” The accounts targeted are reportedly linked to far-right activists and figures whose posts may have contributed to the storming of Congress, the Supreme Court, and the presidential palace by rioters supporting former President Jair Bolsonaro in January 2023.

Moraes is also investigating Bolsonaro and his supporters for their alleged involvement in an attempted coup to overturn the outcome of the October 2022 presidential election that saw President Lula da Silva assume office.

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