Reps. Chris Smith (R-NJ), Jim Jordan (R-OH), and Maria Elvira Salazar (R-FL) introduced a bill Tuesday aimed at preventing American taxpayer dollars from supporting censorship efforts overseas, in response to the Brazilian Supreme Court’s recent actions against U.S.-based social media platforms.
The proposed legislation comes after Brazil’s Supreme Federal Tribunal (STF) Minister Alexandre de Moraes launched a wide-reaching campaign against “fake news” and “misinformation” that has primarily targeted conservative voices.
De Moraes, who led the Supreme Electoral Tribunal during Brazil’s 2022 presidential election, played a pivotal role in shaping media coverage by prohibiting discussions of President Lula da Silva’s criminal record, while allowing attacks on former President Jair Bolsonaro. His censorship campaign forced U.S. video-sharing site Rumble to halt operations in Brazil, and recently led to a standoff with X owner Elon Musk. De Moraes blocked X in Brazil until Musk complied with demands to censor certain users, which Musk initially refused, likening de Moraes to a “dictator.” Eventually, Twitter agreed to the censorship and paid a $1.84 million fine.
The bill, titled the No Funding or Enforcement of Censorship Abroad Act, was introduced after reports surfaced that U.S. government-funded NGOs had assisted de Moraes in his censorship efforts. The bill would prohibit American funding for foreign entities involved in suppressing free speech. It specifically bars foreign assistance under the Foreign Assistance Act if the Secretary of State has credible evidence that a foreign entity is engaged in or promoting censorship of lawful online speech.
“No assistance may be furnished under the Foreign Assistance Act … for the benefit of any foreign entity if the Secretary of State has credible information that such foreign entity has engaged in, facilitated, or promoted, or will imminently engage in, facilitate, or promote censorship of lawful speech online,” the bill states.
The legislation also restricts federal law enforcement from cooperating with foreign police if such cooperation could contribute to the suppression of free speech.
In a statement, Rep. Smith criticized the Biden administration for allegedly supporting censorship in Brazil, saying, “The Biden-Harris Administration has weaponized U.S. foreign assistance programs to promote censorship in Brazil and crack down on free speech that would be protected under our U.S. Constitution.”
Rep. Jordan also emphasized the bill’s importance in preventing U.S. agencies from enabling foreign governments to silence dissenting voices, while Rep. Salazar highlighted the need to protect individuals like Elon Musk from foreign government overreach, specifically mentioning Brazil’s “socialist” leadership.
The lawmakers referenced a report by investigative group Civilization Works, which found that Brazilian censorship efforts were significantly influenced by NGOs funded by the U.S. government. The report revealed that U.S. agencies had encouraged censorship tactics in Brazil, forming what it termed a “Censorship Industrial Complex” of NGOs, fact-checkers, and state actors working together to stifle free speech.
