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Peter Gerdes's avatar

I'm pretty close to a free speech absolutist and I have concerns about Brazil's free speech protections but the reasoning here has little resemblance to legal scholarship and is dangerously close to crackpottery. If the conclusion is correct it should be supported by citations to well regarded Brazilian legal scholars not an amateur analysis of two aspects of Brazilian law without any supporting caselaw.

Even seemingly simple laws often are formulated against interpretational principles and norms and assuming you know what (a foreign language) law must mean absent any precedent, norms of construction or context is how sovereign citizens get into trouble. And, even when a court does make a mistake, every functioning legal system demands appeals via the normal process and harshly punishes outright refusal.

And I don't even see a facial argument that this judge isn't applying Brazilian law correctly. Yah it's speech and the court ordered some of it (seemingly pretty specifically) to be taken down but different countries understand free speech guarantees to cover different things and no one prevents judges from ordering any takedowns (copyright, defamation, blackmail etc) so why assume the judge in Brazil isn't correctly applying Brazilian law?

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Joe Potts's avatar

WHAT is "digital sovereignty"? I shudder to think.

I claim MY OWN digital sovereignty. I'm the sovereign here, and so are you.

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