The following is a rushed transcript and may contain errors. An updated version will be made available as soon as possible.

Michael Fox: Okay. Max, can you hear me?

Maximillian Alvarez: Yeah, brother, you’re coming in loud and clear on this.

Michael Fox: All right, fantastic. Max, I want to tell you a story. It’s a tale of two countries, the United States and Brazil. They are the two countries with the largest populations and the largest economies in the Western hemisphere. Brazil is about the size of the lower 48 of the United States. And politically in both countries, something very similar has happened in recent years. In both countries, far right presidents come to power. In both those countries, the president spends several years unraveling democratic institutions and public policy. Then both those presidents run for reelection. Both the presidents lie about their country’s voting systems in order to undermine the elections and whip up their base. Both those presidents lose their reelections. They both claim fraud and then they both try to carry out a coup to stay in power. But that is where these two paths diverge. In the United States, President Donald Trump continues to peddle his lies about the election.
He creates his own social media platform and uses it to push his agenda. He returns to power in 2025. You know the story. In Brazil, however, the country’s supreme electoral court blocks former President Jair Bolsonaro from running for office for eight years because of the lies he told about the country’s electoral system. It is not censorship. It’s a different interpretation of free speech, one that says the right to free expression must be balanced within the other rights in the country and the country’s democratic system. To quote Robert Frost, that has made all the difference.

Fabio de Sa e Silva: Bolsonaro is basically being punished by something that he said about the electoral system.

Michael Fox: I’ve been speaking lately with Fabio de Sae Silva. He’s a Brazilian legal expert and an associate professor of international studies at the University of Oklahoma.

Fabio de Sa e Silva: And in the United States saying things, propagating lies and misinformation about the electoral system, I don’t think it would be punishable at all under any circumstance because of how strong the protection to free speech rights is in the United States. And in the past, I think a lot of people though of this as an advantage of the United States in comparison to other societies. But I think more recently there has been a rethinking of this and there has been an understanding that it’s not that other countries lack free speech rights. It’s just that they have other rights that they balance free speech rights against. And in the case of Brazil, because we all understood in the 2018 election that misinformation was a serious threat to democracy, the legal system began to offer a response.

Michael Fox: In 2023, Bolsonado was banned from running again. And if you’ve been following news on Brazil, you know that he was later sentenced to 27 years in jail. He’s currently under house arrest because of health issues. He was sentenced for his participation in a plot to carry out a coup and overturn his 2022 electoral loss and to even assassinate leftist President Luis Idnacio Lula de Silva. In other words, in the United States, Trump is allowed to say what he wants, disparage the electoral system, create his own social media platform, spread as many lies as he likes, and he is awarded for it by being allowed to run again and win reelection where he is now presiding over an assault on free speech rights, the likes of which we have not seen in modern day history in the United States. Meanwhile, in Brazil, Bolsonado is banned from running and he is in jail.
And here’s the point. The roots of all of this, the roots of this difference are the two countries’ vision and interpretation of free speech.

Fabio de Sa e Silva: All these things that Bolsonado has been accused of at the center of them was speech because what the federal police points to in their investigation is that the attempted coup involved promoting publicly and even internationally this idea that the Brazilian elections had been defrauded. They associated with the attempt to co-ops the military to take over and nullify the elections basically. And also including maybe some more unorthodox activities such as assassinating the elected president and some judges. But just to stay in the first component of this criminal enterprise, it is something that involves limitations to speech in Brazilian law.

Michael Fox: In past episodes, we’ve been looking at the attacks on free speech in the United States. Today we look at how another country, Brazil, has pushed back on the fascist and far right wave with its own interpretation of free speech. And here’s the thing, Brazil’s understanding of free speech, as we will look at throughout this episode, is pretty similar to most of the rest of the world. The United States is the outlier, but Trump far right activists and owners of big tech platforms are trying to change that in order to push their absolutest interpretation of free speech abroad and undermine Brazilian democracy in the process. All of that in a minute. This is the Battle for Free Speech, a multi-part narrative podcast brought to you by The Real News. In this series, we take you on a journey to understand the important role free speech has played in US history and the fight being waged over it today.
I’m your co-host, Michael Fox, and I’m so excited to be joined today by Max Alvarez. He’s the editor-in-chief and co-executive director of The Real News and the host of the Working People Podcast. Max, seriously, thank you so much for joining me.

Maximillian Alvarez: So grateful to be here, brother, and grateful for all the incredible work that you and Marc and the whole team have been doing on this very, very necessary podcast. And also I’m just like a massive fan as you know of Under the Shadow and everything else that you do. So I’m very excited to finally be on one of the podcasts I’m going to be listening to from you.

Michael Fox: Aw, thanks Max. And in particular, I’m really excited to speak with you today because you are on the front lines of standing up for free speech, but also the working class and also covering the rise of the right. So you kind of straddle all of these things at the same time, which we’re going to be digging into today. All right. We are going to begin on our journey here. Let me just say this before we get started. So far in this podcast, we’ve looked back on the attacks on free speech and press freedoms today. Under the Trump administration, we’ve looked at movements using free speech to stand up for their rights. Today we’re going to look at how Trump and the far right are trying to push a US definition of free speech abroad in order to lift their agenda internationally and so much more.
I got into this a little bit in the beginning. Today’s episode is going to focus completely on Brazil and the role the United States is playing in the country. And today’s episode is a joint collaboration together with my podcasts, Under the Shadow and Brazil on Fire. Because as you will see, there are connections throughout. If you haven’t heard those, I suggest you go check them out.

Maximillian Alvarez: Oh my God. If you haven’t heard those, I envy you because you have a feast in front of you. Under the shadow, Brazil on Fire. They are so good and so essential. And they’re award winning contributions that I guarantee if you’re listening to this, you are going to love them. So go check them out. And I don’t say that just as a collaborator with Mike on producing these series, but as a devoted listener who always learns a lot from them.

Michael Fox: Thanks, Max. Three things to say before we get started. If you have been listening to this podcast series, The Battle for Free Speech, you know how this works. I go out, I do a ton of reporting. I bring that back to discuss it here. Two, I love time travel. I often say that podcasting for me is the closest thing we have to actually traveling in time. So my goal here is to take you to another time and place and I’m glad you’re along for the ride, Max. And three, I know Brazil well. My wife is Brazilian. I’ve lived here for years. I’m here now. And I say this so that you know that everything that we’re digging into today isn’t just based on my interviews for this podcast, but on my on the ground reporting on this over the last decade. And I seriously have been wanting to do an episode like this for a very long time, so I’m super excited.
Okay. Max, are you ready?

Maximillian Alvarez: Let’s do it, baby.

Michael Fox: Okay, here we go. I want to begin exactly one year ago today, July 9th, 2025. US President Donald Trump writes a letter to Brazilian President Luis Idnacio Lula de Silva. In the letter, he announces that he’s levying a 50% tariff on all Brazilian goods. Among the reasons for this new tariff is the country’s legal case against Trump ally, former President Jair Bolsonaro, for attempting to carry out a coup amid the 2022 elections. He also chastises Brazil for allegedly violating free speech rights. In the letter, Trump denounces Brazil’s insidious attacks on free elections and the fundamental free speech rights of Americans. He also criticizes the Brazilian Supreme Court’s secret and unlawful censorship orders to US social media platforms. It’s incredible to see the Trump administration lecturing anyone on free speech, but that is how our most basic right is being weaponized today. Anyway, moving on. A few weeks after that letter, the US Embassy in Brazil releases a fact sheet explaining Trump’s new tariffs.

Artur Romeu: It was like a one and a half page document.

Michael Fox: And I spoke with Arturo Romeo about this. He’s a Brazilian journalist and the director of Reporters Without Borders for Latin America. And he says he’s reading this and they mention free speech, free expression or censorship like 10 times. It’s only a page and a half, but the entire thing, it gets into just repeating this line basically saying that the United States is tariffing Brazil because it was promoting censorship.

Artur Romeu: Free speech is being weaponized against freedom off expression.

Michael Fox: He describes this as the United States trying to make it look like a free speech champion.

Artur Romeu: But actually what your distorted vision of free speech is doing is fragmenting the diferent ideas behind what freedom of expression really is and mostly the social and collective dimension of freedom of expression. You are only saying that people should say whatever they want without any kind of interference. You are basically ignoring completely the fact that people live in a society and part of the freedom of expression right is related to receive pluralistic, diverse, reliable information.

Michael Fox: And I should just pause here to say that internationally, and this is really important, especially for our US audience. Internationally, many definitions of free speech include the right to receive reliable or truthful information. And that’s key because in the United States, that clearly is not part of the equation. Anyway, this is a really important distinction between how free speech is generally understood in the United States and elsewhere around the world. I got into this a bunch in the last episode. If you haven’t heard that, you can go back and check it out now, but the idea is this. In the US, your right to free speech is generally seen as absolute. In other words, you can pretty much say what you want without repercussions regardless of how bad it is or racist or homophobic or discriminatory. In every other country in the world, every one, your free speech rights are seen as balanced with other rights.
So your right to free speech isn’t more important than my right not to be harmed. For instance –

Brian Mier: The view followed in Germany, France, and especially for the case of this conversation, Brazil said according to the Constitution, all human rights are equally important.

Michael Fox: Brian Mier is a correspondent for a Telesur who’s lived in Brazil for more than 30 years. And I spoke with him about this. You

Brian Mier: Can’t say that one human right is more important than another human right. So you can’t have one human right that’s absolutist in its nature, free speech, that would enable someone to limit or deny other people’s human rights.

Michael Fox: For instance, in Brazil or in Germany, Nazism is a crime. It’s illegal to be a Nazi or to spread Nazi propaganda.

Brian Mier: Because it damages the peace of mind, the freedom to come and go as they please, the freedom to interact with the public of certain minority groups in Brazil, mainly Afro-Brazilians, Northeasterners, but also Jewish people as well. So in Brazil, this is called the harmony of rights according to the Brazilian Constitution. All rights are equally important. Freedom of a speech is a very important right, but it can’t be used to trample over some other group of people’s rights.

Michael Fox: That’s the idea and this distinction is really important. And let me just say that as I touched on last time, in the United States, we also had this kind of balancing definition of free speech until roughly the Cold War in the 1960s. And that’s when our current day libertarian absolutist view of free speech really took hold. What’s interesting is that we don’t even really realize this. We don’t know this past, right? And yet our definition now of free speech, absolutist definition within the United States is now being weaponized by Trump and his far right supporters and far right allies abroad to push their agenda as we will look into throughout this podcast. Before we move on, Max, do you see this? Have you been seeing this battle over free speech? And do you think that people understand this within the United States, understand how free speech kind of is being weaponized and this interpretation of free speech is being weaponized?

Maximillian Alvarez: Yes. And I would say that we are not only aware of the hypocrisy of these people using free speech to take our free speech away or to impose their will on Brazil or other countries because that’s what we’ve come to realize our country does. That’s as American as apple pie. That’s in fact what most of the world knows America to be. They don’t know it anymore as the America my parents knew it to be. And my dad came to this country for, his family came to this country for. So the world today does not know us as that. They know us as the place that the most powerful country and military empire in the world that has been going around the world undemocratically overthrowing democratically elected leaders, undemocratically invading other countries and bombing other countries and torturing people in the name of democracy and saying like, we’re spreading democracy to you, you’re welcome.
And now smash cut to 2026 these sort of fascist posters of Donald Trump are draping Washington DC and everything that we’re talking about on this series unfolding before our eyes. And I don’t think a lot of us know what free speech means in this context. And I think that is why the takeaway for this discussion and any discussion that we have about it is like, well, what are we going to fight for it to be?

Michael Fox: Yeah. Max, I really appreciate you wrapping in this question of how the United States has justified interventions abroad in the name of democracy and how what we’re seeing now is the justification for the tariffs in the name of free speech, which I think is a great connection. In order to understand all of this, Trump’s letter in particular, his pushback on Brazil and Trump’s rationale for imposing these tariffs, we need to back up a little bit. So we’re going to go back in time. We’re jumping in the time machine, Max. Here we go.

Maximillian Alvarez: Let’s go.

Michael Fox: The year is 2018. It’s the lead up to Brazil’s huge presidential elections. Former President Lula was the front runner, but he was jailed on trumped up charges of corruption. Bolsonaro is the Trump outsider candidate, longtime congressman, former captain under the Brazilian military dictatorship, something he is still vocally proud of. And he’s surging in the polls because of a slew of fake news and disinformation, the likes of which the country has never seen. Just one example. I was covering the election for numerous outlets and I went to this press conference for the then leftist candidate, Fernando Adaji. And in this press conference, it was just a couple of days before the first round vote and he had called it because his workers’ party had created a WhatsApp hotline to receive complaints of false or misleading news and memes being spread. They said that within 24 hours they’d received 15,000 messages.
24 hours, 15,000 messages. The day before I spoke with this street artist who told me, “Our election will not be decided by the candidate’s proposals or their speeches. It’ll be decided by the lies spread online. The Brazilian elections will be decided by the ability of some groups to push fake news and the ability of us, the voters, to discern what is and what is not real.” And that is exactly what happened. The voters could not discern. Most but not all of the fake news or misleading news were being pushed by Bolsonaro’s allies and supporters. The country was overwhelmed and unprepared for the disinformation campaign and so was the Supreme Electoral Court, which oversees the elections.
They were able to request that dozens of posts be taken down, but they just didn’t have the breadth of being able to handle a barrage of posts like this. In the end, the result. This is Bolsonaro’s, Brazil. The world’s fourth largest democracy has voted on a new president. Bolsonaro won the election with roughly 55% of the vote. I was covering the election outside of his home that night in Rio de Janeiro. And then Bolsonaro came into power and proceeded to run the country into the ground like I detailed in depth in Brazil on Fire, my podcast. He guided social programs, privatized state businesses, denied the COVID pandemic, pushed unproven drugs, attacked universities, much of which we saw under Trump in the United States as well. But in Brazil, and this is the reason why I’m bringing all this up now, the courts learned their lesson.

Fernando Paulino: Joseph’s system learned to create and to stimulate some vaccines for this information and misinformation during the electoral periods.

Michael Fox: Fernando Paulino is a communications professor at the University of Brazilia. He’s also the president of the Latin American Communication Researchers Association and a fan of heavy metal rock music, Max. In particular, he likes stuff from Rage Against the Machine, Metallica and Sipultra, who he said stand for free speech. And I think that’s like, I’m sorry for the aside, but I think it’s really cool because in our conversation we got into some of these questions about how this heavy metal music has stood up for free speech in time. Anyway, he says that the

Fernando Paulino: Judicial system using the constitutional principles established some procedures to avoid misinformation information during the campaign and also before the campaign because Jaibosonaro tried to disseminate misinformations information or in other words, fake news against the political and electoral system.

Michael Fox: The other thing that came out of the 2018 election was they created Brazil, the Brazilian courts created a precedent for making it illegal to promote conspiracy theories about the safety of the electoral system. And this is key. I spoke with Professor Fabio de Saisilva.

Fabio de Sa e Silva: Because there was one candidate who started spreading videos, fake videos of Bambagi trying to vote for Bosona and the vote going for Adat at the time. And there was a case that was filed against him by the public prosecutor’s office for violating electoral laws. And that case got up to the Superior Electoral Court where the justices on that court ruled that if you spread conspiracy theories about the safety of our electoral mechanisms, you’re violating the law and you can even lose your seat if you have been elected.

Michael Fox: Let me just pause here to explain why this is so important for Brazil because I think a lot of people in the United States might not get this. Brazil, if you remember, is a country that returned to democracy again in just 1985. For the 21 years prior to this, from 1964 until 1985, it was ruled by a brutal military dictatorship that censored speech disappeared and killed hundreds and imprisoned and tortured thousands. That was not long ago. My wife was born under the dictatorship. For Brazilians, the right to free speech and every other right for that matter fall under the umbrella of their democracy. The democracy is most important. That’s what comes first. And that’s codified into their laws. It’s codified into their constitution. As Brian Meir mentioned earlier, their right to free speech doesn’t trump their right to free and fair elections. Okay, just want to say that fast-forward to the 2022 vote.

Speaker: Their politics couldn’t be more different, but both of Brazil’s main presidential candidates have gone into overdrive online.

Michael Fox: Campaigns try to push the same fake news and disinformation. You’ve got Bolsonado running for reelection against President Luis Ignacio Lula de Silva, who is now out of jail clearly. And so campaigns try to push the same fake news and disinformation in particular on behalf of Bolsonado, but the Supreme Electoral Council’s ready. They demand flag posts must be taken down within two hours and then just one hour when it got close to the election. Bolsonado tries to raise doubts about the country’s electoral system. Fabio de Saisilva says that the discourse was central to Bolsonado’s attempt to cause disruption in the country and to maybe open the space for military intervention.

Fabio de Sa e Silva: So it was very central to Bolsonago’s speech as well as to the activity of his supporters on social media. And what the Lula candidacy did and the public prosecutor’s office sometimes did was to take those cases to court saying, “We have a law that says that you can’t say those things and these people are saying those things.” And so what Mogayas did, he was presiding over the Superior Electoral Court, was to just try those cases and enforce the decisions sending communications to social media platforms, ordering the social media platforms to remove those forms of content. And so there were some profiles that were taken down during the elections for spreading that conspiracy theory all based on Brazilian law, just as he took down some posts against Bosonago by the Lula campaign that violated other aspects of Brazilian law. So that was happening on both sides.
The only difference was that the Bosonago campaign was using this to victimize itself and to say that it was being persecuted by this censorship judge.

Michael Fox: So later on when you hear that, and we’re going to be talking about it in this episode, but from the United States and from elsewhere, you hear people talking about this censorship judge or censorship that’s been happening.

Fabio de Sa e Silva: That accounts for a large number of the cases involving guys and this accusation of censorship.

Michael Fox: Because there are measures in place to stop fake news and disinformation from being spread and trying to roll that back amid this electoral moment. Max, let’s stop your pause really quick. I mean, is this all making sense? Do you have any questions?

Maximillian Alvarez: Sadly, it is making sense. I mean both in terms of why these things happened the way that they did and why they didn’t happen the same way here in the United States. I
Mean, because you talked about where the roads really diverged in the past five to six years especially with how we dealt with these attempted coups. Donald Trump is not in jail. Donald Trump was not barred from running for president. In fact, he used the presidency to outrun the legal system and proving that actually power wins over principle in America and has now thus taken all of our institutions to serve his will. But I think in terms of why we didn’t do that, I mean the answers are very complex, but I think what folks just need to know is that should we have a more stringent, robust kind of understanding of the people’s right to truthful information and the harm, the social harm, the harm to our society and our democracy and not our health and safety by treating lies and truth as having equal standing.
That problem that really showed the differences in how America and the USA and Brazil have treated this question in much deeper ways.

Michael Fox: Absolutely. Absolutely. Max, I want to bring in an important figure here. His name is Aleshande de Morais.
Fabio de Saisilva just mentioned him. He’s a member of the Brazilian Supreme Court and he presided over the Supreme Electoral Court during the 2022 elections. As you will hear today, he has been a major thorn in the side of Bolshonato and his supporters for years, but he’s not necessarily left wing. He’s a bit of a wild card. He was appointed by Michelle Temmer, who was the right wing president back in 2017. Bolsonado supporters understandably hate him. After President Lula, he’s pretty much public enemy number one for the right and they’ve actually compared him to Superman’s archenemy Lex Luther. I know you like that reference, Max. He kind of does actually look like him, which is the reason why they make this comparison. Mordaise is the top person who they have accused of censorship in recent years. Trump and his supporters have joined the campaign because Aleshander Morais has been the top Supreme Court judge in Brazil to push back on Bolsonaro’s measures during his presidency and the fake news over the last eight years and the power of US social media companies in Brazil, which we’ll get into in a second.
But as Fabio Desai Silva says, he didn’t ever do it alone.

Fabio de Sa e Silva: He was backed, for the most part, he was backed by two courts because he sat on the superior electoral court where he handled some cases that had to do with speech and he sits on the Supreme Court where he handled other of such cases. And like I said, he was for the most part backed by if not all the other justices in those courts by the vast majority of those justices.

Michael Fox: But he was always the most visible figure, Lex Luther, but a good guy if you like democracy. Anyway, he was also the judge charged with investigating what would become known as Bolshonato’s hate cabinet. And this is crazy, Max. I don’t know if you remember hearing about this, but imagine if you will, a troll farm inside the White House with connections to right-wing influencers within the United States who used their power, influence and social media prominence to attack political opponents. This is what you had in Bolshinado’s government.

Maximillian Alvarez: Wait, that’s what we got now, baby.

Michael Fox: That’s what we have now. Okay, true. But this is an actual entity. It’s like its own little office within Brazilia. Fabio de Sali Silva, talk to me about this.

Fabio de Sa e Silva: As far as we know, it was a relatively well organized and hierarchical structure where you had people whose job was to produce content. You had people then outside of the presidency, big influencers whose job was to disseminate the content.

Michael Fox: This is all coordinated so they would target someone and say, “We want to take this person out. ” And it wasn’t always someone on the left. In many cases, it was a bolsonado supporter who split with bolsonado or criticized bolsonado for some reason. And they say, “This is the enemy of the day.” And everyone would just pile on posting whatever they could about that person to intimidate them and make them stop criticizing bolsonada or whatever. And when you say it’s what we have now, in many ways it’s true because there is no doubt in my mind that this tactic is influenced not just by… It didn’t just come out of thin air in Brazil. Clearly the far right is organizing when it has to do with tactics and things like this.

Maximillian Alvarez: Yeah. And Bolsonaro is like government. It was like sort of a department within a government that was still trying to present itself as a government. In the United States, it’s Trump. And so the fish drops from the head down. So it’s just like Trump is the megaphone who owns his own social media platform who is sicking his entire government apparatus and his billionaire oligarch network to gobble up all the legacy media, destroy the ones that he doesn’t like, yada, yada, yada.

Michael Fox: So Ali Shander de Morais is the point person for the investigations. He coordinates this together with the federal police and they work to undo this and they do an incredible job at it. So they issue search and seizure warrants, arrest warrants. Some Bolsonaro influencers went to jail, others had their social media accounts blocked. And this is just another example of why Morais is so hated by Bolsonaro and his people. Anyway, 2022. Lulu wins the elections, but then Bolsonaro supporters hit the streets.

Maximillian Alvarez: The president’s office may have conceded a feat, but many of J. Bolsonaro’s millions of supporters have not

Michael Fox: They’re spurred on by Bolsonaro’s claims of fraud in the elections. They block roads across the country. They set up vigils in front of military barracks all across Brazil demanding that the military rise up to overturn the results and they stay there for more than two months and then on January 8th, 2023. Balsinado supporters invade the Brazilian Congress and Supreme Court. They attacked the buildings causing more than $3 million in damage in a copycat performance of January 6th, 2021, Washington.
I should probably also say that the police response, because we’re talking about free speech right now, but I should probably say that the police response to the Bolsonaro protests before January 8th was initially pretty lenient, like far more lenient than you would see in the United States if thousands of people decided to block roads all across the country and then set up vigils in front of military barracks, you probably wouldn’t see that like, “Okay, you can stay there.” But in Brazil, they basically let him do what they needed to do. But after January 8th, when it was clear that an attempted coup was underway, the response was far quicker than in the wake of January 6th in the United States.
They did away with the encampments. Hundreds were arrested in Brazilia. The Supreme Court would convict more than 1,400 people for their involved in the Capitol invasion in Brazilia. Hundreds are still in jail. I mention this all because like in the United States, many of the claims that Brazil has been imprisoning political opposition come from the legal response to the country’s capital invasion. In other words, some of the people that they call political prisoners are those people who are in jail or who were in jail or who were convicted by the Supreme Court for their role in the Capitol invasion. But again, this comes back to the idea of the importance of democracy in Brazil and particular Brazil’s interpretation of free speech. The point is here, you have a right to protest. You have a right to speak. You even have a right to protest for months.
You just don’t have a right to try to overthrow the country and don’t mess with the country’s democracy. June 30th, 2023, six months after Brazil’s capital invasion. The Supreme Electoral Court bans Bolsonaro from running for political office for eight years for spreading lies about the country’s electoral system. Five judges agreed that he used government channels and social media to spread misinformation about Brazil’s elections.
The ruling focused on this meeting that Bolsonaro held a few months before the election, where he told foreign ambassadors that the country’s electoral voting system was rigged and the elections could be manipulated. Of course, this was despite the fact that Brazil’s electoral system had long been internationally recognized as safe and secure. Brazilians celebrated the ruling across the country. It was the first time a Brazilian president had been borrowed from holding public office for election violations. Bolsonaro denounced the judgment against him calling it politically motivated. Max, can you ever imagine something like this happening in the United States?

Maximillian Alvarez: Now, no, but I think a lot of us had still had lingering hope that our institutions would hold and that we would prove ourselves capable of this as well, but we didn’t.

Michael Fox: So I just want to focus on this point I made at the very beginning of the episode right now to kind of tie this into where we were at the beginning. Remember how I mentioned that the two paths diverge between the United States and Brazil. Clearly I’m generalizing, but in many ways, this is one of those moments where you can really tell the difference. Bolsonaro is blocked from holding electoral office. Meanwhile, in the United States, Trump continues being Trump. It

Donald Trump [Recording]: Is great to be your president. It is great.

Michael Fox: In Brazil, something else is happening at the same time Bolsonaro is banned from holding office. There is a nationwide debate over a new bill that would regulate social media platforms as if they were television or radio. Tech platforms push back with all of their might. Telegram, for instance, sends millions of Brazilians a message telling them that if Brazil passes the law, it will “end freedom of expression.” Congressional leaders attack the message on the floor of the lower house. The head of the government coalition of the Senate, Randolph Rodriguez, told press, “To the heads of the big tech companies and their shareholders, Brazil will not be no man’s land. It’s a threat against Brazilian democracy. We need regulation. The big tech companies say they are tech companies, but more and more they’re acting like communication companies and our telecommunication sector has been regulated since 1964. Social media is the same.
Brazil had suddenly become the battleground over the power of tech companies to remain unregulated and free to push their agenda. At the time I sat down with David Nemer. He’s a Brazilian University of Virginia communications professor who studied social media platforms for years. And he told me that these platforms, as we’ve looked at in this podcast, they are not neutral.

David Nemer: These platforms are not just publishers. They are part of the message as well in curating the message.

Michael Fox: And this bill is really just about bringing transparency from big techs.

David Nemer: In terms of access to the algorithm, access to reports about the algorithm, understanding how these platforms behave. So we have a more transparent way of understanding how these platforms, like the role of these platforms in everyday life. This is why the big techs are playing hardball in Brazil because they know that if Brazil pisses this bell, then it sets the precedent and the other countries will follow as well.

Michael Fox: Sxzo that was enough for these tech firms to fight tooth and nail and the bill stalled in Congress. Max Brazilian lawmakers, they want to regulate the social media platform, say its censorship. Where do you stand on this? Do we need regulations for tech firms and social media platforms?

Maximillian Alvarez: I mean, absolutely. And when I say yes, we need regulation. I don’t want the current powers that be being the ones who to regulate it, nor do I want the ones who are in power before to be the ones regulating it. So do I think they need to be regulated? Yes. Do I think we need a better system of regulation and a better sort of societal understanding of what the hell regulation is and is for? Yes. But right now that ain’t going to happen in this country where the worst parts of capitalism will kill the best parts of democracy. Any semblance of an understanding of free speech that we have had as Americans that gets that free speech is important for a healthy democratic society has been eroded by this sort of individualistic consumer capitalist model of free speech for me is the only thing that matters.
Like my rights and my ability to say whatever I want whenever I want is the only point of free speech and no one can take that away. But it’s like Margaret Thatcher saying society doesn’t exist. There’s only a collection of individuals in pursuit of their own self-interest.
That’s what they have tried to make true in America. Out of the same country that birthed so many incredible contributions to democratic history, that same country has been overtaken by this democracy killing capitalist serving system.

Michael Fox: Well, no, and it’s interesting that you mentioned Margaret Thatcher because I got into this a little bit several episodes ago. We don’t think that, for instance, a financial system can be completely unregulated. You have to have rules. It can’t just be a free for all. There have to be certain rules or else what happens? You have massive monopolies. You have massive corporations with huge power, which we do right now, but still there needs to be regulations and all these things. And it works the same way with social media platforms and with communications. That’s why we have communications, telecommunications laws. That’s why TV and radio are regulated. Newspapers are regulated. The way that most people get their news nowadays is through social media. There has to be some form of regulation. It can’t just be a free for all, but these companies are using the discourse of free speech in order to push their vision for the world and really sell their agenda, really push their bottom line, their profit margin.
They don’t want to be regulated because they’re a business. And of course, now they’re in cahoots with Trump even more.

Maximillian Alvarez: America is the land of deregulation. And so when we say we need to regulate these companies and that we live in a more deregulated kind of society, I don’t know if people outside of America fully grasp how deregulated we are. I mean, look at the way that big tech has forced AI into our lives with like no regulations whatsoever. And look at the effects that it’s having on our society, on our politics, on our children, on our sense of truth. I mean, it’s such a big world changing technology that has been allowed to just kind of flood every device that we use and change society however it’s going to under a system where the companies that own and invest in these technologies are consolidating power and collaborating with state power to ultimately, like you said, serve their agenda. And their agenda is basically continue to twist and bend and force the world to be something that continuously delivers more and more power and wealth to them at our expense.

Michael Fox: So I want to underline something here that underscores the question at the heart of this debate and I think is really important. All of these tech companies are from abroad. None of them are in Brazil, mostly from the United States, but not all. And they’re all pushing their corporate agenda, wrapped in the discourse of free speech, but they’re companies. They’re concerned with profit like you were just talking about Max and yet they’re actually attacking the sovereignty of foreign countries in the name of free speech. There’s something just so wrong with this, but because of the way that this discourse kind of permeates into the mainstream or the way that it’s covered and the way that they sell it, that’s not the way that people read this. It’s usually seen, oh, well, Brazil is censoring speech, whatever else. But here’s the thing, Max, Brazil’s battle with the tech platforms is just heating up.
Fast forward one year August, 2024. Brazil’s dispute with tech billionaire Elon Musk is heating up. One of Brazil’s. Elon Musk. Richest man on earth, owner of Tesla SpaceX, old buddy of Trump’s, or I guess frenemy now perhaps. Of course, he ran Doge, Department of Government Efficiency in the first 120 days of Trump’s second term. Remember that he bought Twitter in 2022 and transformed it into X. So in August, 2024, he begins to butt heads with our friend, Brazilian Supreme Court Justice Aleshandre Morais, who we introduced earlier. Mordais orders X to take down a number of users on Musk’s platform who are actively sharing fake news online and who in some cases are wanted by the Brazilian judiciary. They are all supporters of far right President Bolsonaro and here’s just one example of someone Morais ordered to be taken offline. Alen Lopez Do Santos. He’s a Brazilian blogger who fled to the United States after being under investigation in two Supreme Court inquiries for threatening justices, spreading false content online and financing anti-Democratic acts.
Musk refuses Mordeise’s order. He calls it censorship. His app X still works in the country, but he pulls his team out of Brazil so they can’t face reprisals from the Brazilian judiciary. In response on August 30th

Speaker: A Brazilian Supreme Court judge has ordered the immediate suspension of the social media platform X in Brazil, meaning people there can no longer acces or use it. Ex-owner Elon Musk failed to meet a deadline set by the court to name a new legal representative in the country. The Brazilian court and –

Michael Fox: Free speech is the bedrock of democracy and an unelected pseudo judge in Brazil is destroying it for political purposes. I spoke with Fabio de Saisilv about this.

Fabio de Sa e Silva: Elon Musk is a businessman and like all businessmen, he doesn’t want to see his business regulated and this is what the Brazilian judiciary is doing indirectly to the extent that Mr. Musk’s platform is hosting speech that’s contrary to Brazilian law in different ways and the judiciary is pushing back against that.

Michael Fox: Again, these are corporations pushing their bottom line and Musk is also a free speed absolutist aligned with the far right. Aleshandani Morais pushes back defending his opinion. He says basically. Spread hate, racism, misogyny, and homophobia. David Nemer.

Donald Trump [Recording]: The Brazilian politicians have very specific interest in keeping Twitter the way it is. They prevail because of misinformation. They prevail because of hate speech that they promote and in Brazil, that’s not allowed. So they need a platform to create that sort of engagement and build their base. So it’s like a win-win situation for both of them.

Michael Fox: X was blocked for 40 days until the company finally gave in. Musk paid the fines and began taking down the accounts ordered removed by Morais. So in the end, X did everything that Morais wanted them to, but Musk created this whole problem for himself in the meantime and actually convinced thousands, if not hundreds of thousands or millions of Brazilians that they should move to other platforms because during those 40 days, they couldn’t use Twitter. So a bunch of people started moving to Blue Sky or Mastodon or other places. Max, did you see this unfolding? Do you remember watching this?

Maximillian Alvarez: Not only do I remember watching it, I mean, I’ve lived through it and I’ve tried to navigate a media organization through it. Musk buying Twitter was a seismic change to our industry, the entire kind of way that our public discourse operated and who participated in it, right? I mean, the Twitter of old was in no way perfect. None of these platforms are, but it was a space where politicians, corporations, journalists, artists like public figures of all sorts kind of had access to each other in a way that they never had before and it is not that after Musk bought it. And I would actually just push back when you called Elon Musk a free speech absolutist, he is absolutely not a free speech absolutist. I mean, I think so many people on the right, particularly people in power on the right, like Musk embodies what in the internet age has come to be known as Wilhoit’s law, which boils down to this quote, which was actually left in a comment section on the internet, but it so succinctly articulated this problem that it’s become a meme in and of itself.
But Wilhoit’s law states that conservatism consists of exactly one proposition to which there must be in groups whom the law protects but does not bind alongside outgroups whom the law binds but does not protect. I think this applies not just to kind of like how people like Elon Musk see free speech. It’s always free speech for me and the people who agree with me and not for thee. Musk has censored plenty of people on X. Totally. Musk artificially alters the algorithm so that it’s artificially like visibilizing certain views over others.That’s the way that this stuff operates. And then you add on top of that, like you said, just the bare fact of these people are businessmen and capitalists whose primary goal is to get more money and power for themselves.

Michael Fox: Yeah. Yeah. And I think that’s so important because what we often see is so – called self-described free speech absolutists use that discourse to say that, “Oh, I believe in free speech for everybody and it’s part of this image,” which is exactly what Musk is. When he bought then Twitter, now X, his whole thing was, “Oh, I believe in free speech and everyone should have it. ” But in the end of the day, what they’re actually doing is canceling and censoring people that don’t believe in their viewpoint.

Maximillian Alvarez: And this is, again, the continuing line of how the sort of media ecosystem in America, it’s not just Musk and X. This is why the freaking Ellison family who just acquired Warner Brothers also has control of CBS and a controlling stake in the American owned TikTok. This is why Silicon Valley oligarch and Trump advisor Mark and Dreesen is the primary backer of Substack. This is why Jeff Bezos bought the Washington Post, right? This is why Mark Zuckerberg controls not just Facebook but Instagram and WhatsApp and threads and so much more. You can subvert the sort of democratic principles of a healthy public sphere in which truth wins out through debate, inquiry and honest, open discussion by buying all of the platforms and networks and artificially imposing your designs and desires on the discourse and subject everyone else who depends on it for their information.That’s kind of how things work in this country.

Michael Fox: And here’s the thing, it’s not just the tech platforms. Far right activists have also been pushing their agenda of free speech absolutism or quote free speech absoluism and using it to cry censorship against Brazil. Here’s an example. The

Speaker: Hearing of the subcommittee will come to order and I want to welcome our very distinguished witnesses and –

Michael Fox: May 7th, 2024. Republican leaders held a hearing on Capitol Hill in Washington in the House Foreign Affairs Committee. It’s titled Brazil: A Crisis of Democracy Freedom and the Rule of Law. The hearing was chaired by New Jersey Republican Representative Chris Smith. He kicked off the meeting.

US Rep. Chris Smith: Since late 2022, Brazilians have been subject to grave human rights violations committed by Brazilian officials on a vast scale. Documented right violations in Brazil include the political abuse of legal procedures to persecute political opposition, including jailing opposition figures on sparious charges, violations of freedom of speech and media freedom, including persecution of journalists, the silencing of opposition media, banning individuals from social media, thinly veiled censorship laws claiming to fight disinformation and many violations of rule of law and judicial malfeasance.

Michael Fox: If you heard what he was saying, you would imagine that the country had been taken over by a tinpot dictatorship and not just saved from an attempted coup. Among the individuals invited to speak are Paolo Figueredo, the son of the former Brazilian dictator, Christopher Favlotsky, the Canadian founder of the video platform, Rumble, considered the right-wing YouTube. And unsurprisingly, they painted a terribly disturbing vision of Brazil as if the country had fallen into an authoritarian censorship regime.

Donald Trump [Recording]: There’s one single name behind every one of these decisions. That’s Alexander DeMaris. Remember this name. He’s the defacto dictator of Brazil.

Michael Fox: Rumble will never back down from our mission. We are the tip of the spear in this fight and we relish that. We urge everyone, especially the US State Department to join us. The other person invited to speak at the hearing, the only legal expert invited, in fact, Brazilian University of Oklahoma Professor Fabio Desai Silva. Remember, I’ve been speaking with him throughout the episode.

Speaker: In your assessment, how high was the risk of the coup succeeding had then President Bolsonaro managed to gain the support of these branches of the armed forces?

Fabio de Sa e Silva: Thank you, Congresswoman. It was very high. I believe when you draft a decree outlining what’s going to happen once the military take over, which in some versions of this drafting even included the arrest of Justice Mogais. I think you’re trying to anticipate what you’re going to do when push comes to shove.

Michael Fox: And Fabio told me that he was there to basically clarify that in Brazil

Fabio de Sa e Silva: It has been a violation of the law to articulate speech that’s intended to undermine confidence, public confidence in the electoral system if you don’t have any proof of that as well as to, as I was mentioning before, pit the military against civilian power and incentivize the military to take over because of the history of the country. So one of the reasons why I was there was precisely to share my knowledge of Brazilian law and to show to the people in Congress that You cannot say that the Brazilian judiciary is abusing its powers because it’s holding people accountable for committing those violations of the law. And even if in the United States, these things would not be necessarily a crime or could not be criminalized. In Brazil, it’s been well established in Brazilian law that you can’t do those things. You can’t convey those messages, especially if you are in office sitting in the president’s office and therefore having all that attention at your disposal as the chief executive in the country.

Michael Fox: So that was 2024 and that’s happening on Capitol Hill Max. These are the debates that are happening in Washington, which are then pushing this image that there is censorship happening in Brazil. And it’s the same thing we’ve seen from Trump time and time again and his people is that if you repeat a lie long enough, then it becomes truth. But the threats from Washington and Silicon Valley are ongoing.

Speaker: Also developing this morning, the Trump administration placing sanctions on a Brazilian Supreme Court justice over concerns of human rights violations and politicized prosecutions.

Michael Fox: Just last year, alongside the 50% tariff on Brazil that Trump levied that we started this episode, the United States also issued sanctions on Supreme Court Justice Alice Andre Morais and his wife.

Speaker: Well, look, Muris is an activist judge that abused his authority by engaging in a targeted and politically motivated effort designed to silence political critics through the issuance of secret orders, compelling online platforms, including US social media companies, banning the accounts of individuals for posting protected speech. The actions taken by Muris impact US persons and companies and the United States did not tolerate maligned foreign actors who abuse their positions of authority to undermine freedom of expression of American citizens.

Michael Fox: Mordeise called the sanctions illegal and deplorable. He said the court would not quote bow to cowardly and fruitless threats and that he would ignore the sanctions. The sanctions were later dropped in December of last year, shortly after Trump also removed the 50% tariff he levied on Brazil. But the thing is, is here again, it’s the use of this vision of literally fake news and a false narrative to spread these lies in order to undermine a Democratic country, Brian Meir.

Brian Mier: The American far right supported by these crypto fascist libertarians in Silicon Valley like Elon Musk has teamed up through Steve Bannon, the point man between the US far right and the Brazilian far right and the bolsonaros and their allies to try and force a change in Brazilian laws citing free speech absolutism to legalize Nazis in Brazil and other hate groups and to undo the hate speech legislation and things like that. And the reason the Silicon Valley tech fascist social media companies are interested in this is that it’s to eliminate any kind of liability for their platforms being used to disseminate hate speech. And so they’re interested in weakening Brazil’s regulatory atmosphere so that they can’t be held liable for crimes, currently crimes committed on their platforms by Brazilians.

Michael Fox: And the problem, Max, is that this is not the end of what the far right and the US campaign is planning against the government in Brazil. There are high stakes elections happening again this October. President Lula will be running against him is Bolsonaro’s senator son Flavia Bolsonaro.

Speaker: At the end of this last year, my father gave me the greatest mission of my life to run for president in his place in October 2026 elections.

Michael Fox: Flavio recently wrote to Marco Rubio and told him that if he won, he would be willing to place a transition team at the disposal of the Trump administration. Meanwhile, Trump is considering new tariffs on Brazil over the country’s financial system of payments and the US government has placed Brazil’s two largest gangs on the US foreign terrorist list. So it all is clearly leading up to the October vote. It’s clear that Trump and his people will be pulling out all the stops to influence the elections in the same way they’ve done all across so many other countries in Latin America. Brazil at this point is one of only a handful of countries still on the left in Latin America. All of the others have fallen to Trump’s sphere of influence and many are concerned that the US pressure is going to only get worse in the coming months and it will likely be using free speech as a weapon, using it in absolute free speech terms.
Brian Meir told me that they’ve been successful in Brazil with that language because it’s become a rallying cry for the far right.

Brian Mier: And so free speech is one of those things. It’s on their list of things that weaponizing anti-corruption, rhetoric against leftist politicians. And this take of free speech is definitely a weaponization of the concept of free speech.

Michael Fox: But he says it’s not necessarily an end in itself. It’s just a tactic for the far right to achieve its goals.

Brian Mier: That’s what it really comes down to. I don’t even know how much these tech fascists even believe in their own ideology. It’s just being spread around because the end goal from a business standpoint is to have total regulatory liberty or freedom. I feel bad calling it freedom, but total deregulation so that they can’t have any kind of scrutiny. They can’t be punished in any way for collectively brainwashing large segments of the population to supporting them and their goals.

Michael Fox: This is a really useful tool, this kind of absolutist free speech framework. And we’ve seen over these platforms, speech has become privatized. It’s not about our right to speak freely. What these tech platforms and absolutist free speeches are pushing is the censorship of other viewpoints of free speech in the name of their vision of free speech. It’s again, like I’ve talked about so oftentimes in this podcast, censorship in the name of free speech.

Maximillian Alvarez: So like the very reality of the world that we live in today kind of proves that free speech needs to mean more than just like my ability to say what I want when I want.
It’s much more complicated than that. These big tech oligarchs and the platforms that they own, the oligarchs who own the legacy media that we still have, they are proving that you can accomplish censorship in a number of ways while still sort of ostensibly bearing the flag of freedom of speech.

Michael Fox: Yes, absolutely. Max, I want to close on a couple of thoughts here that I think are really important for this discussion and also that shine a little bit of positive light on things that were where they are right now despite everything. First, in Brazil, according to recent surveys, roughly 60% of Brazilians are in favor of some form of social media regulation. According to a Nexus poll from this time last year, 80% of Brazilians believe social media companies should take more responsibility for the content they publish online. 60% of those surveys say they believed digital platforms should remove more posts than they do and 60% of Brazilians said that regulating these platforms is essential to tackling anti-democratic content and hate speech. There is a 2014 Brazilian law titled the Brazilian Civil Rights Framework for the Internet, which was really important when it came out and it can be used to hold companies accountable in some cases, in particular when they don’t apply with court orders to remove content, but that doesn’t specifically regulate tech companies or apply in other cases, but that’s one thing that can be used and is used.
The other thing that people are thinking about is how to democratize this space in particularly around what we want, public policy. So I spoke with Fernando Paulino. He’s a communications professor from the University of Brazilia. He’s the guy we heard up from up top and I love how he says this, Max. He said we should be thinking in terms not of freedom but of fairness.

Fernando Paulino: It’s important to establish these parameters, especially during electoral periods to organize fair competition. I think maybe we need to use this word as well, maybe the society needs more fair, more accountable, more equal principles to defend and promote democracy

Michael Fox: We talk about free and fair elections, but oftentimes there’s so many barriers to actually holding those elections, but the same thing works within the communication sphere in which in social media. How do we create equal principles to defend and promote democracy and to replace the authoritarian push that we’ve seen recently? And I think what’s important about this is also to look at something that Brazil’s been really successful at over the last 30, 40 years since democratization. Like I’ve mentioned in this episode, Brazilians really care about their democracy. And so one of the things that they’ve done really well since the end of the dictatorship is pushed to try and incorporate all sectors of society in the decision making of public policies

Fernando Paulino: To involve social organizations, universities, researchers, to expand the debate about communication and democracy. And I think especially in terms of the social media regulation and the internet context right now, this debate expanded a lot with more people involved in this discussion.

Michael Fox: And I think this is really, really important because what Trump and Silicon Valley tech moguls are largely demanding is corporate free speech, not free speech for everybody. They want speech that can be decided behind closed doors. They want speech where there’s hidden algorithms in which nobody knows what they are and they’re decided by Musk or some high end people within these social media firms. That is not free. That does not create a free media. That doesn’t create free speech. It’s the exact opposite. And so what Fernando talks about is the need for diversity when we build public policies around things like social media, online speech and regulations.
We need to think about how do we make these decisions in which more people are included, other voices are included, and not just rich powerful men from Silicon Valley. I think this is really important as we’re looking forward and trying to grapple with these questions, free speech, the whole idea of free speech is it has to be at the root of our democracy. And if it is leading us in the direction of less speech, if it is leading us in the direction not of democracy, but of authoritarianism, if it’s leading us in the direction of a space where less people have a voice and less people have the ability for their speech to be heard, then something is drastically wrong. And this goes back a little bit, Max, to what I was talking about in the last episode with Maryanne Franks.

Speaker: The First Amendment’s one job is to keep us from becoming a totalitarian society. That’s its primary job. Everything else is secondary. And if your free speech doctrine, if your free speech law isn’t keeping us from sliding into fascism, but is instead accelerating our path to fascism, then it’s not working.

Michael Fox: And I think we need to look at what do we want from our free speech? What do we want of our media sphere? And this is something that people in Brazil are trying to grapple with. When they weren’t able to pass the social media regulation law, then they started to piecemeal things. And so they started to look at, okay, well, let’s pass a law having to do with children and social media. Let’s look at this other case. And so they’re looking at how to break this apart and pass these smaller laws in order to still get in the direction they want to get into. We need to understand speech within democracy. And if that is being undermined as it clearly is right now and when countries like the United States are using the discourse of free speech to attack and undermine the Democratic principles of a foreign sovereign nation, we absolutely have a problem and we need to understand it like that.

Maximillian Alvarez: Mike, you said earlier that Brazilians are very proud of their democracy. I don’t think a lot of Americans are anymore. I think that we grew up to feel proud about it, but like right now there’s so little to be proud about. But also like I remember growing up again in the ’90s and early aughts and sort of being berated by older generations of how we didn’t know what these freedoms meant. We didn’t know what it meant to sacrifice and die for our country and the freedom of speech and freedom of religion and yada, yada, yada. And that was the sort of message that we got, but simultaneous with you should be grateful for all the rights that you have and go live the best life that you can with them. And like now is the moment where we got to fight for something and it’s not just something we got to fight for everything.
Everything that we hold dear is at risk of going away. Democracy and all the people who fought for that idea over the centuries is at risk and we are now the ones who have to pick up that fight. And I don’t know about you, brother, but like I’m ready to rumble. Like I said, I ain’t going down without a fight and I’m not giving up on these principles. This is too beautiful of a country. This is too important of an idea and people’s lives are worth too much to just give up on so that Jeff Bezos can have three more yachts and Elon Musk can have another trillion dollars and a space rocket to Mars. No, no, no, no, no, no, no. That is unacceptable and I will not accept it. Neither will you and neither should anyone listening to this.

Michael Fox: Max, thank you so much for joining me, man. I really appreciate it. It’s been fantastic.

Maximillian Alvarez: Thanks for having me, brother. Sorry I talked so much.

Michael Fox: Folks, that is all for now. Thanks for listening. Next time we hop across the pond to Europe to take a deep look at their definition of free speech, how countries there are fighting disinformation and also grappling with these same questions of social media. That’s next time on The Battle for Free Speech. If you enjoyed today’s podcast and you like this series, please do us a favor. Go to your podcasting app and give us a like, a follow, a subscribe, or tell a friend about it and leave us a comment or a review. It really helps to spread the word about the show and the state of free speech in the United States today. This podcast is now on Blue Sky, not X. Just search for the Battle for Free Speech. If you’d like to find out more about the Battle for Free Speech and my work on other podcasts, you can find me at patreon.com/mfox, or you can follow the link in the show notes.
There you can also support my work, become a monthly sustainer, or sign up to stay abreast of all the latest on this podcast and my other reporting across Latin America. This really helps me to continue to do this important work. I’m adding links to all the people who I spoke with today in the show notes. A huge thanks and shout out to Max Alvarez. You can find his Working People Podcast wherever you listen. Also, please make sure to sign up for the Real News Network’s newsletter so you never miss an episode. You can find that at therealnews.com. The Battle for Free Speech is a production of the Real News. Thanks for listening. See you next time.

The campaigns are underway ahead of Brazil’s October elections

And U.S. President Donald Trump is doing his best to sway the vote…

“Lula, Lula!”

Thousands of supporters of leftist president Luiz Inácio Lula da Silva attended his campaign launch in mid August.

Karen Silva

“We came to support Lula, especially in his last election. And we believe that we are going to win. This is a fact.”

They filled May 1st Stadium in Sao Bernardo do Campo….

A place, where Lula led an iconic metal workers strike and rally in 1979.

They say Lula has changed their lives. 

Raimunda Silva Santos

“Yeah, he changed my life. He changed the life of my whole family.”

During his years in office, he promoted education, health and social programs. He helped to lift millions from poverty. They have not forgotten.

Raimunda Silva Santos

“Wow, this is the greatest joy of my life. I’m 76 years old. I’m so happy. Lula is coming to stay. He’s an incredible person. He’s helped a lot of people there in the northeast. We owe a lot to Lula.”

They want him back for a fourth and final term.

Valmir Lima, Movement of People Affected by Dams

“Lula will win with the strength of social movements, of the movements of people affected by dams, all the social movements that are helping on his campaign. And all of civil society.”

Applause

Lula has promised to continue to fight poverty, promote industry, create jobs and invest in Brazil’s future.

Lula

“What kind of a future do you want for the Brazilian people if you don’t invest in education? What future do you want for the Brazilian people if you don’t invest in health? What future do you want if you don’t invest in jobs?” 

Lula

“We need to win these elections. To elect our people to congress so we can do everything we need to do for this country.”

Lula’s challenger is the son of the former far-right president Jair Bolsonaro. 

His name is Flavio Bolsonaro. He’s a Senator and he launched his campaign in his hometown of Rio de Janeiro.

Flavio Bolsonaro 

“Come with me and rescue our nation. Brazil above all. God above everyone. Brazil above all. God above everyone!”

Flavio is in the race, because his father is under house arrest. 

Former president Jair Bolsonaro was first barred from running for spreading lies about the country’s electoral system. Last year, he was convicted of attempting to carry out a coup to return to power.

His son, Flavio, has attacked the left, and promised to fight crime and insecurity, cut bureaucracy, promote private business and privatizations, and develop close ties with the United States

He spoke at the US Conservative Political Action Conference in March.

Flavio 

“Let me look you in the eyes and tell you,“we will win.”

Much of his discourse, and that of his supporters, is wrapped in a religious language of good versus evil.

“You are the son of hope. You are the first born. You received the legacy of representing your father. And now, for everything that is more sacred on the face of the earth, honor your father. Honor his days on earth.”

That goes over well with his evangelical supporters, an important base for Bolsonaro and far-right politicians in Brazil.

Glayson Araujo is a youth pastor at an evangelical church in a working class neighborhood of São Paulo. He joined others on the streets in mid August to promote Bolsonaro and other far-right candidates running for local office.

Glayson Araujo

“I believe that Flavio Bolsonaro is the only viable candidate, who can beat Lula and the Workers Party.”

Glayson Araujo

“I am a Christian here, I behave as a Christian, but I am also a political activist. Here on the streets to defend my beliefs.”

Flavio Bolsonaro also has powerful support in high places.

In particular… from Donald Trump.

The U.S. president is a longtime ally of his father, Jair Bolsonaro. 

Last year, Trump imposed 50% tariffs on Brazil, in part, because of the country’s trial against the former president. In May, Trump met with Flavio Bolsonaro at the White House. In June, he reposted an article over Truth Social that said Brazil was his next big challenge. He recently imposed new tariffs on the country and revoked the U.S. visa of the Brazilian ambassador.

Igor Fuser is a professor of foreign relations at Brazil’s ABC Federal University.

Igor Fuser

“This is not just about the United States trying to remove the government of a left-wing party, the workers Party or a left-wing leader, which is Lula. It’s about subjecting Brazil to the policies of the United States. And Brazil, being the largest country in Latin America, is precisely the biggest obstacle to the American project of global dominance of the Western Hemisphere.”

Over the last year, Trump has pushed the United States into a new era of dominance over Latin America the likes of which the region has not seen in decades.

Boat strikes in the Caribbean. The U.S. invasion of Venezuela and the kidnapping of president Nicolas Maduro. The oil blockade on Cuba.

And Trump throwing his weight around… and meddling in elections across Latin America.

It is all justified by a renewed Monroe Doctrine…

Pete Hegseth

”President Trump has established the Trump corollary of the Monroe Doctrine, the Donroe Doctrine. And the War Department is implementing it as fast as we can.”

Brazil is the latest battleground.

Igor Fuser

“So, it is clear that the United States is doing everything, and will do everything possible to prevent the re-election of Lula in the next elections.”

Fuser says that if Flavio Bolsonaro wins, he will bow to Trump and the United States.

Igor Fuser

“Brazil will become a country under the tutelage of the United States, a colony, or almost a colony, of the United States, as it already happens with Argentina, Colombia, Venezuela, and many others. And if Lula is victorious in these elections, we will live a very intense period of confrontation between the two countries.”

Fuser says the U.S. stated dominance over Latin America imposed by Trump is analogous to the control of the Soviet Union over the Eastern Bloc countries during the Cold War, under a Russian foreign policy imposed by Soviet leader Leonid Brezhnev in 1968.

Igor Fuser 

“So, Czechoslovakia, Hungary, Poland, Bulgaria, all those countries were formally independent countries, with their own government, their own laws, their representation in the United Nations, but these countries were not autonomous, they did not have sovereignty. Any movement that they made that clashed with the interests of the Soviet Union was repressed. Some of them were invaded, etc. So, we are living in Latin America a Brezhnev Doctrine, capitalist, imperialist, dictated by Donald Trump.”

Lula has accused Trump of trying to influence Brazil’s October election. Lula’s allies are taking action ahead of the vote…. to stand up to Trump and to push for Lula’s reelection. Brazil has denied visas to U.S. State Department officials who they feared wanted to travel to Brazil to cast doubt about the country’s electoral system. People are hitting the streets to campaign for Lula, who has long stood against U.S. intervention in Latin America. Over the next two months, Brazil will be a key battleground for Latin American sovereignty against Trump’s attack on the region. 

For The Real News, I’m Michael Fox. Sao Paulo, Brazil.

The following is a rushed transcript and may contain errors. It will be updated.

Maximillian Alvarez:

Alright. Welcome everyone to Working People, a podcast about the lives, jobs, dreams, and struggles of the working class today. Working People is a proud member of the Labor Radio Podcast Network and is brought to you in partnership with In These Times Magazine and The Real News Network. This show is produced by Jules Taylor and made possible by the support of listeners like you. My name is Maximillian Alvarez, and today we are going to Whiting, Indiana, where for the last five months, oil giant British Petroleum or BP has locked 800 workers out of their jobs at a crude oil refinery on the southwestern shore of Lake Michigan. This is the last unionized BP refinery in the United States, and this is a really important struggle and a really important story. But with everything in the world and the news being so crazy these days, it has not gotten the attention that it deserves from national media.

But that is why we are so lucky to have someone like Sarah Lazare, a brilliant journalist and the editor of the excellent Workday Magazine going where others won’t and lifting up the stories that need to be told and heard. In her recent report titled Locked Out Refinery Workers Say BP is Trying to Starve Us and Crush the Union, which was jointly published by Workday Magazine and the American Prospect. Sarah writes, “British Petroleum, one of the 10 largest oil and gas companies on earth, kicked out its workforce at the Whiting Crude Oil Refinery, which at its peak produces 440,000 barrels a day on March 19th. The previous contract expired in January and United Steelworkers Local 7.1 declined management proposals that workers say would existentially threaten the local. The union has been locked out for over 140 days, and it says it is fighting for its survival against an employer that wants to cut pay in jobs, undermine workers’ ability to strike and tear the local away from national bargaining.

The lockout is illegal,” the union says. By late May, United Steel workers had filed 15 unfair labor practice charges with the National Labor Relations Board, alleging that the company is refusing to bargain in good faith and using threats, coercive statements, and surveillance. The fight has become a test of endurance. On one side are workers who are not receiving the equivalent of strike pay, though members can ask for help from an assistance fund financed by the United Steel workers. On the other side is an oil company that brought in $189.2 billion in revenue in 2025. In an email to Workday Magazine and the prospect, BP spokesperson Cesar Rodriguez said that the company is pursuing, “Modernized job structures, training, and upskilling.” But workers say that this is just code for greater disposability and degraded conditions, and they declare a new pay progression would make it easier for BP to fire people and harder for workers to get to the highest rates of pay.

They’re also concerned about the proposed loss of dozens of jobs from the bargaining unit. On March 2nd, management presented the local with their last, best and final offer and the union membership voted it down. A revised settlement was offered the next day, but it too was rejected. On March 17th, the union gave a counter offer. Just four hours later, the company rejected our counterproposal, issued notice of the cancellation of rolling extensions and a notice of intent to lock us out of our jobs effective at midnight on March 18th, according to the United Steel workers. To talk about all of this, I am really grateful to be joined on the show today by three guests. Eric Schultz is the president of United Steel Workers Local 7.1. Leno Miller is an assistant griever for USW Local 7.1. And Tim Powell is a 19-year member of USW Local 7.1 and a volunteer for the Lockout Assistance Committee.

Eric, Leno, Tim, thank you so much for joining me today on the show, especially with everything that you guys got going on. I really, really appreciate it. And I do wish we were meeting under less horrifying and infuriating circumstances. And we’re going to talk about the lockout and everything that’s going on right now. But before we do, I’d love for listeners to get to know you first because most people have never met or spoken to folks in your line of work. So tell us more about yourselves, how you got into this work, and the kind of jobs that you do on a day-to-day basis before this lockout began.

Eric Schultz:

Yeah, absolutely. Thank you for taking the time to have us. Again, my name’s Eric Schultz. I’m a machinist in the refinery. I hired in October of 2009. I started off in our machinist apprenticeship program. So that was a four-year apprenticeship where you learn the refinery inside and out from a mechanical standpoint. What machinists do out here? It’s kind of an amalgamated trade. It’s more like a millwright machinist. We’ll do anything from repairing pumps in the field, turbines, compressors. We have shop work where we repair relief valves, the pumps and the turbines inside the shop. So we do a lot of things from A to Z as far as a maintenance millwright mechanic would do. And then so that was 2009, about 2014, July of 2014, I came onto the union board as a divisional rep. I represented our machinists and our instrument in electrical groups.

And then about five years ago, I became president of local.

Maximillian Alvarez:

Yeah, man. You machinists need to rebrand as the MacGyver union because you’re out there fixing things that I didn’t even know existed or that are taped together and you got to have an intimate knowledge of this machinery and the kind of machinists I’ve talked to from the railroad industry to the gas and oil industry to Kellogg’s. There are just so many nuances that none of us understand. So I can only imagine the kind of stuff that you guys are doing out there in the field.

Eric Schultz:

Yeah. Especially in an oil refinery, it’s a very niche market. You run into equipment that you wouldn’t run into in many other fields. We’ve got equipment from the 1940s and 1950s all the way up to incredibly modern equipment. So you kind of need to know the gamut. And we’ve got some amazing machinists out here that they’re absolutely experts on their units. They’re the ones that our operators will turn to to ask for help troubleshooting. Even our engineers walk into the main shop where our pump mechanics are, turbine mechanics, and ask them to help diagnose what went wrong and what they could do to fix it. So we’ve got some amazing mechanics out here, machinists. Hey,

Leno Miller:

My name’s Leno Miller. I’m a operations specialist for the refinery. I grew up in the area. I’ve carried a card my entire adult life, first of which out of high school, I carried a Teamsters card for a couple years. I worked at the local UPS plant. After that, I ended up in an automotive plant. I carried a UAW card before I got into the refinery. I hired in just shy of 20 years ago. So if BP refuses to come back to the table and bargain in good faith, I can get 20 years on the outside locked out, which not a good feeling, but that’s where we’re at. Inside the refinery, like I said, it’s been almost 20 years. So I started out as an operator, which do rounds, take samples, monitor the equipment on a day-to-day basis. We work 12-hour shifts, swing shifts. From there, I became a board operator, a council operator, which is a specialist by trade what’s referred to in the refinery.

And then I ended up becoming a chief operator as well, a chief operator and a council operator, which is a cross-qualified position, which is one of the positions that the company is proposing to do away with. So I would essentially get bumped down from a chief operator and a board operator to a technician. I would lose my specialist qualification and my pay that comes with it.

Tim Powell:

I’m Tim Powell. I started almost 20 years ago. It was 19 years this January. Started at the Cats and it was spent just about 10 years.

Eric Schultz:

No one’s gonna know what the Cat is…

Tim Powell:

Yeah. So I started over at basically a gasoline processing unit. Spent 10 years there. Had an opportunity to transfer to another part of the refinery where we were basically make diesel using high pressure hydrogen and crude oil. And I was an outside operator for most of that time. About six years ago, I got onto the console board operator job as well. So specialists, we take training every year. We do training every quarter going through computer training. Now they’re trying to say that we need to interview for these jobs again and see if we’re still qualified to be there if they’re even going to keep the job. I’m third generation USW on both sides of my family. There’s been union people throughout my family from coal miners to steel workers, city bus drivers. I mean, my family has lived on a union paycheck for generations.

Maximillian Alvarez:

Well, let’s talk about that.Because I started this show eight years ago not knowing much about unions at all. I did not grow up in a union family. In fact, back in the day, we were more of an anti-union family. We didn’t know anything. And to be honest, the few union jobs that my brother had had at a Rite Aid just weren’t good. And so I think now that we’re at a point in this country where less than 10% of the workforce is actually in a union, it’s important to talk to folks out there about what being in a union means. And so I wanted to ask you guys, why is it important for workers in this industry especially, and workers in general, to have a union? Tell us more about why being in a union is important to you and your family. And then let’s sort of unpack some of the nuances of labor relations in this industry that listeners need to know about.

Because again, we’re talking about the last unionized BP refinery in the United States.

Eric Schultz:

Yeah, sure. I mean, from my perspective, the first thing that most people come to, they think about is pay. Pay, retirement, when they think of a union. For me personally, I feel like in this industry, it’s more about the ability to collectively bargain, meaning we have 800 people that get to stand shoulder to shoulder, elect representatives, the representatives, then go sit down with the company. And you’re on as close to equal footing as you’re going to get. Without a union, it’s each man or woman for themselves. So the byproduct of that collective bargaining, yeah, it gets pay and it’s retirement, but to me, most importantly, it’s having a voice on the working conditions inside the plant, safety issues. We’ve got a contractual joint health and safety committee where members of the union sit down with members of management monthly to identify safety issues and then create programs to try to address those issues.

So at the end of the day, we do make good money because we work in an incredibly profitable industry and it’s a highly complex job that all of us do out here. But what good does that do if at the end of the day, you’re going to go home and you’re not going to be the same way that you left? You’re going to go home injured or even worse. And this is an industry that when things go wrong, they can go wrong real fast. Incidences can turn into fatalities very fast in this industry. An incident that spirals out of control inside of an oil refinery is highly likely to affect the community. And if you follow along in the news in the last year or two, it seems like once a month we’re reading about a refinery fire in which the community is ordered to shelter in place because of toxic releases that are getting into the community.

So to me, the most important piece of a union is to make sure that we go home safe and that when you retire, you actually can enjoy your retirement and not be struggling with debilitating injuries or diseases, which are very prevalent in this industry. You look at the cancer rates for an oil worker versus any other line. You look at mesothelioma, different issues. We have asbestos is all over the refinery. Everywhere you look, there’s stickers on piping that say warning asbestos. So we live with these things every day. And that’s to me the biggest thing that a union could do is help protect its workforce.

Maximillian Alvarez:

Well, and just to sort of underline everything that you said in red pen, listeners are going to have the hairs on the back of their neck standing up the same way I am because I’ve interviewed on this show a worker, Leo Linder, who was on the deep water horizon when it blew in the Gulf. So if folks are wondering how bad could it get, that’s how fucking bad it can get. Pardon my French. But it can get bad in so many other ways like we’ve been covering on this show. We talked to folks in Roseland, Louisiana near the Smitty Supply Plan where that massive explosion in fire happened and people said it was raining black sludge all over the place. I mean, we’ve talked to residents of East Palestine, Ohio where that Norfolk Southern train derailed over three years ago. And you’ve heard the hell that they’re going through.

You’ve heard the hell that railroad workers are going through and how they are being crushed into oblivion while all of our communities, our supply chain are being put at long-term risk for the sake of short-term, massive profits for Wall Street shareholders and company executives. This is part of the same horrible, vicious cycle that we’re hearing about from working people in different industries in different parts of the country all over the place. So please, I beg you, pay attention to what these guys have to say. Leno, sorry to hop in there. Please hop back in.

Leno Miller:

No, you’re spot on. And the refinery operates not only in Whiting, it’s basically in the center of three communities. It operates in Hammond, Indiana as well and also East Chicago. So it’s in the middle of a very populated area that has accepted the risks of operating a large crude oil refinery in the middle of it. But the promise that was made was the community was going to get some of the benefit of that. We were going to get the jobs. And it’s like you said, that’s where they’re breaking the promise. So if you’re bringing in workers from out of state to try to replace us and you’re trying to extract wealth out of the community, not even wealth, you’re just trying to extract a basic income and a basic way of life from the area in order to send it to shareholders and wealthy executives, especially it’s a foreign oil company.

So I mean, that’s the goal, right? And that’s what people need to understand. They’re trying to take from our community and from people that actually live and work here in order to send it elsewhere.

Tim Powell:

To build on something that Eric said too about the equal footing to have when we’re talking, when we’re negotiating with this company, a union honestly to me is the only way that everybody who has a particular job is going to get that same pay. Doesn’t matter how much the guy next to you is kissing ass to the company. It doesn’t matter if you’re a bad woman or what color you are. You’re getting that pay. It’s not that your friend across the aisle is going to get an extra 20 bucks an hour because he’s buddies with the boss. Everybody gets the pay for that work. And that’s the only guarantee honestly to me in this country that you have that.

Eric Schultz:

Yeah, absolutely. One of the company’s large proposals that they have on the table is to eliminate seniority as a means for promotion. And they view it as, well, it’s a flawed system. It’s not always the best person that gets it with seniority. They want to go what they call merit-based. Well, you look at, well, let’s look at reality. Let’s look at outside of a union facility. Do women and men in this country make the exact same amount of money for doing the exact same job? Why not? Because the merit-based system is so effective. Do minorities make as much money as white men in this country for doing the exact same job? Absolutely not. I mean time and time again, no one would even argue that case. Well, is that a merit-based system? It is. So merit, they act like merit is some great system that only the best and the brightest rise to the top.

And they’re full of shit and everybody knows that. The guy who plays softball and goes to the bar with the supervisor afterwards is more likely to get the good jobs and get better pay. The executive’s nephew that gets brought right into the plant and gets to go to the front of the line, that guy is more likely to make more money than everybody else. That’s what merit-based systems are. So absolutely, that’s one of the main issues with them. And back to the safety piece, another one of their issues, and I don’t want to get too much into the nuances of the proposals because we would need a three-hour show probably. But what one of them is the reclassification of all of our jobs. So as Leno was saying, right now he’s risen to the level of an operations specialist. We have operation specialist field, operations specialist board, and then operations specialist cross qualified, which is you do them both.

That is the top of the top. So they want to eliminate those roles, but then still have us do the same work. But they want to call us tech threes and tech fours, and then the company would get to pick the tech fours. But then they also, for our operators, they want them to have to know five different jobs throughout the refinery. Places that are, it might take you 15 minutes to get from this unit to the next unit, and that’s hoping there’s not a train stopped in the middle of the refinery. So they want to spread everybody out and make them the term jack of all trades, the ace of none. Well, if you just go back a few years ago, our sister refinery in Toledo, Ohio, which BP has since sold, it’s no longer a British Petroleum facility, but there was a double fatality.

Two brothers were killed in a fire out there. And the Chemical Safety Board, when they came back, when they finally concluded their study, one of their findings that they punished the company for was rotating the operators too much so that they didn’t just get good in one area. So the company’s taking credit for, well, I’ve got this many operators that can handle this many jobs, but they can’t do it. They necessarily can’t do it well. You do it better when you specialize. So flash forward, so the Chemical Safety Board says that the company was wrong for the way that they were handling operations. So what does this management group decide to do? They decide to put a proposal on a table to do exactly here what they were doing in Toledo and spread our operators too thin. And people just saw the proposal, the average person in the community, they wouldn’t understand the implications of the company’s proposals.

And it would make it incredibly unsafe out here. Not to mention making these guys do a lot more work for less money, but again, more importantly, you’re going to have a bunch of people who just aren’t going to be as familiar with the equipment. When stuff goes wrong, you need the people that just know instantaneously, instinctively how to get out there and what to do.

Maximillian Alvarez:

Well, and I mentioned earlier that this is the sickness that we’re seeing spread to industries all across the board. And even though people may not understand the nuances of y’all’s contract, they understand that sickness of the corporate-minded Wall Street-minded obsession with cutting costs year after year, piling more work onto fewer workers, removing important layers of security to save a buck, and all at the expense of the workers who are being asked to do way too much for less than they were getting before. That leads to hazards all over the damn place. That’s the same stuff that we’ve heard from your fellow machinists at Boeing who described like, “Hey, how did job conditions and planes get so bad at Boeing over the years?” Well, this is part of it. That worker that I interviewed on the Deepwater Horizon when it blew in the Gulf, he said the same thing.

BP was pushing speed over safety and look at the results. I mean, the same thing was said to us by the railroad workers. They’ve been cutting jobs. They’ve been making the trains longer and heavier. They’ve been making workers be on call twenty four seven, running them into the ground. And it’s only a matter of time until those short-term profits run out and you end up with a massive, massive, dangerous problem that’s going to take years to fix. And that is, again, I really, really want to stress for folks, those are the stakes of what we’re talking about here, not just for frontline workers in these industries, but for fence line communities living near these industries or living near a railroad track, living near the Gulf of Mexico or any coast where your ability to go outside is basically in the hands of wealthy corporations that are making disastrous decisions that could impact you and your family.

But I don’t want to belabor the point because I know we have limited time here. And I wanted to, before we get really into the lockout itself, Eric, I wanted to ask if you could unpack for our listeners the baseline of understanding that we need to have for labor relations in this industry, how this is working with bargaining with BP. I mean, because we had to learn that four years ago when the railroad workers almost went on a national strike. I had to become a PhD in the Railway Labor Act and explain quickly that there are 13 craft unions. There are four major rail carriers. Everyone’s bargaining in sort of different fashion. So listeners of this show are a little familiar with hairy labor questions like that. But I guess just for your average lay listener, what are the things that folks need to understand about how bargaining works in this industry so that they understand everything that we’re going to talk about with the lockout?

Eric Schultz:

Yeah, sure. So in the oil industry, we bargain at a national level. Not every facility, but every USW facility is in one way or another part of the national oil bargaining pattern agreement. And that’s been since the 1960s. Since the 1960s, there’s only been. We haven’t had a national strikes. We had one in 2015. Prior to that, 1980, I believe. So there’s really, yes, how is the labor relations in the industry? National oil bargaining, it’s been a stabilizing influence for both our members and the companies. Usually when we’ve got our final settlement offer on the table, the top table will bargain it and then it gets passed out to everybody else across the country and we put it across the table locally. Typically, you always feel like, “Man, I wish we got more. It wasn’t great, but 90-something percent of the membership votes yes for it.” And that’s probably how good bargaining works is neither party walks away feeling like they absolutely got the whole hog.

Both parties feel like, yeah, we got something, we gave up a little bit of something and we move on. So that’s how it’s typically been. Now this is a lockout, and there’s only been two lockouts in the oil industry in the last 25 years that we’re aware of. And there’s one common denominator between the two lockouts is there’s one guy that was at ExxonMobil on the HR team, on the negotiating team that was part of the lockout in Beaumont, Texas. Again, it was an Exxon refinery in Beaumont, Texas. They were locked out for 10 and a half months. While they were locked out, British Petroleum liked what they saw. They hired one of the guys from that team, his name’s Jordan Marks. They hired him and he came to Whiting and started working in the background. He wasn’t at the table with us in the first round of bargaining, but he had been there looking at the contract and trying to devise a way to do here what he did in Beaumont, Texas.

And so that’s where we’re living right now. Part of the reason that we believe that we filed so many labor board charges is that it was apparent that the company was at best surface bargaining. They had no intent to get an agreement this round of bargaining. Their intent was to push us into a strike. And then eventually if we didn’t strike, then they were just going to lock us up. So this was preordained. The company had this in mind the entire time, and that’s absolutely apparent. Now, national bargaining, everybody else, every other corporation that’s a part of it agreed to the patent. There was only one other site. There’s a site in California that’s having issues too. But the rest of the country, the membership all voted yes, and the companies all voted yes on national oil bargaining. We are in an absolute different spot than our peers.

When we get together with our sisters and our brothers from other locals, people that work for Marathon, people that work for Exxon, Chevron, they don’t have these problems. Most of their negotiations were not contentious. Obviously they didn’t get everything they wanted, but they all got a deal on time. So that’s kind of where we’re at is we’re just in this spot where British Petroleum chose years ago to go down this road in an effort to break the union here, to eliminate the union.

Maximillian Alvarez:

Let’s talk a little more about that. Let’s talk about how we got to this point. And what are the key contract issues and working conditions that you’re fighting with the company over right now? And how far back does this fight go?

Eric Schultz:

So it started, I mean, they kind of tested the waters in our last round of bargaining. So our last contract negotiation period was in 2022. It was another round where the rest of the country, the companies and the unions all agreed to national pattern and moved on down the road. We had to roll our contract for weeks after the expiration of the contract because British Petroleum had a 120-day strike and lockout notice on the table, which is something that they also did. Jordan and his cronies in Beaumont, Texas, there was a little bit less, but they put a strike and lockout notice on the table for them, the previous contract. So again, it’s lazy just bringing the exact same lazy playbook. So that was last round of bargaining. And eventually we had enough people in management that had a spine and could push back against corporate interests that were pushing for that 120-day strike and lockout notice.

And they pulled it off the table and we went down the road. So really it started last round of bargaining where you could see the items on the walls. Our smaller bargaining units, we also represent a plant right across the street called White and Clean Energy, which is a British petroleum plant. We represent our plant guards, our pipeline employees. And we’ve seen the company coming just absolutely trying to gut their contracts. And that’s what we saw this round. I mean, it’s hard to answer what are the issues because it’s everything. They basically took the contract book and went from cover to cover. And they’re proposing to change pretty much anything that benefits a union worker. Again, with the job reclassifications, we have decades of memorandums of agreements, letters of understandings, side agreements that govern how our job classifications work and how they’re policed. They want to eliminate all those and start all over again and then put management’s rights on everything.

Once we ink the deal, their proposal is going forward, the company can make any changes they want that they see fit. So who would sign a contract that the very next day it’s rendered useless because the company could go and change it however they want? And that’s where our job classifications, how we’re trained, what kind of work we have to do, how they can eliminate someone, how they can terminate someone for the company’s, their interpretation of lack of ability. So that elimination of seniority for the bidding into higher positions, elimination of plant seniority for the purpose of layoffs. So right now their proposal is they could basically, once we sign the deal, if they wanted to eliminate one of our groups, our lab, we represent our laboratory employees. As soon as we sign the deal, the company could then give us a piece of paper saying, “Oh, by the way, we’re going to lay off 50 people in the lab.

And then it would just go by that. Whereas right now we have plant seniority. If they wanted to lay off 50 people, it’s the 50 junior people, which makes it painful on the company. But what it does is it forces them to come sit down and be reasonable and have a conversation about how can, okay, you have to reduce headcount. We don’t want to talk about it, but we will. We’re not afraid to have hard conversations. And then we’ll work out a way to try to help them meet their goals, but at the same time protect our members. They want to eliminate that. I mean, it just goes on and on and on. Management’s rights for the use of AI. Their original proposal was that the contract language would survive the life cycle of the contract. They said it would go into perpetuity, meaning you’re going to agree to something that forever you’ve given up your rights, your local, state and federal rights to bargain over the use of artificial intelligence forever.

And that’s just ridiculous, absolute ridiculous language. But again, it just goes on and on and on. Any one of these issues during a regular year would’ve been a very contentuous issue that could have led to a strike or a lockup. And instead, they decided to throw the entire kitchen sink at it.

Maximillian Alvarez:

And the way that they’re trying to sweeten this deal is offer one time payments to you guys. Basically blood money to say like, “Hey, take this couple thousand dollars and sign away your collective bargaining rights.” I mean, that’s nuts. And that’s me speaking. That’s just me editorializing, but this is kind of making my head spin. And I know I could talk to you guys for hours, but we don’t have that long. And so with the time that we have, I wanted to go back around the table and just ask if you guys could sort of tell listeners how this whole lockout situation has unfolded as you’ve experienced it. Give us a worker’s eye view breakdown of events on the ground since the lockout began to now. How are you guys holding up after five months of this?

Tim Powell:

Well, with me being on the assistance committee, we’re meeting at least three days a week, sometimes more, usually six to seven hours a day. And everybody brings in their necessity bills. They bring in your mortgage, your rent, your car note, your car lease, your medical bills if they’re broken down in the monthly things, insurance, our medical insurance. The things we need to live that we can no longer provide for ourselves because BP took away our paychecks. We on the assistance committee hear the sad stories every day of like, “Well, we had to cut this back. We weren’t able to do this with the kids this summer. We weren’t able to do this. I had to sell this.” And you get jaded to it because you’re hearing it all the time, but every day there’s another heartbreaking story that you’re hearing because this person put in between.

I’ve got guys who have put in two years, I’ve had families that have come in, the guys have been here 25 years and they can’t provide how they’ve been providing for their family for the last 25 years. It’s crazy.

Leno Miller:

Yeah, it hurts. And that’s by design. I mean, that’s what BP is the company that we’ve, all three of us have been here on average close to 20 years. And by design, the company that we’ve. I mean, we’ve all missed holidays, birthdays. We’ve been dedicated workers for 20 years. And in order for short-term gains to be able to take from us, this company just posted in three months they made $5.7 billion and they’re paying a bigger dividend. We’ve been here sacrificing our personal lives for 20 years and they are intentionally hurting us and our families. So it’s shameful.

Tim Powell:

Now just are the holidays we’ve missed, but you mentioned 12 hour shifts, 16, 18 hour shifts, 12 to 19 shifts in a row. I mean, yeah, it’s great money when we’re working, but you don’t see your family for 19 days. You go home and you say hey to the wife and you fall asleep. For them not to think that this is a sacrifice every day that what we’re doing for them to then make a sacrifice even farther on this, it just drives you out of your mind.

Leno Miller:

That goes back to you asked the benefits of a union. We’re the union. The union is its workforce. The union is voted by us. It represents us. It is us. It’s the workforce. A Fortune 500 company, the workers are a line item. You’re a number on a spreadsheet. You mean absolutely nothing to them. Nothing at all. So Bernie’s Petroleum has no loyalty to us whatsoever. The only thing they care about is their shareholders. That’s it. It’s short-term value. Like I said, they made $5.7 billion in three months and increased their dividend while we were locked out.

Maximillian Alvarez:

So where do things stand now? Like what can be done and what can folks listening to this do to stand in solidarity with y’all and the other 800 folks who have been locked out here?

Eric Schultz:

So unfortunately, we’re at a standstill right now. Again, as Leno just mentioned, that’s by design. They didn’t lock us out with the intent to hurry up and get a deal. They locked us out knowing that they have a number in their mind. They know how many months that they wanted this to go. They’re going to want to put as much economic stress and pain on families as possible with the intent that eventually will crack. Eventually enough of the membership will be. When they’re visiting the assistance committee asking for help, those conversations will turn from uncomfortable right now, painful, turn to hostile and panicked. That’s what the company wants. We’re not there yet. We’re not even close to there yet, but that’s their design. We don’t foresee, unfortunately, this ending anytime soon. The things that we’re trying to do, we’re hoping to make some headway is public pressure, try to make sure that the community understands what’s going on and then try to ask the community to be vocal, to stand up and support us and tell British Petroleum to end the lockout and get back to the table.

And for the first time, actually come seriously with the desire to bargain. We’re asking the same of our local leaders, whether it’s political leaders or community leaders. We’re asking the same of state officials, federal officials. We feel like if we can get enough public pressure, enough political pressure, enough economic pressure on maybe somebody in London will finally say, “All right, enough’s enough. Let’s go. Go get a deal.” So that’s kind of where we’re at right now is just in this holding pattern and doing everything we can to keep our membership and their families propped up. Just yesterday, one of our representatives, Carolina Ramsey, she’s also the one that runs our. She oversees our entire assistance committee. She helped organize a school supply giveaway and backpack giveaway. That was really well attended. We had a lot of local political leaders pitched in and put the word out to get these supplies sent in, book bags and everything that would be needed to go inside of them.

So between things like that, the food pantry, we’ve had our local food bank, Northwest Indiana Food Bank, teamed up with the United Way and we had four mobile distributions where they came out to the union hall and dropped off food. Like Tim was talking with our assistance committee. We’ had our assistance committee up and running since about maybe a month into this. And we’ve given out quite a bit of money, and we’ll continue to do so. And everything we’re doing is with the intent to try to make sure that people stay calm, that people have at least their basic needs met and just kind of supplement them while at the same time asking them to go out and find work because that’s how we’re going to win this is by being able to withhold. And we’ve had numerous people go out of state to find jobs.

It’s an interesting spot to be in. Some people had no problem right away going to find a job. It depends what field you came from. If you were in the local pipe fitters union before you came and worked here and you still paid your dues in the background and still kept your car, you probably went right back to work. Same thing if you were in the electrician’s union, carpenter’s union. But some of our operators are in a much different spot because this is such a niche field. Where do you go to the next refinery to go find a job? And that’s where people are having to go out of state to go find work. And a lot of people can’t because we’re almost, it’s like we’re toxic to them because they know, “Oh, well, why would I waste money to hire this guy or gal if they’re going to leave and go right back to British Petroleum once the lockout’s over?” So we’ve had a lot of people say, “They told me they loved me.

They loved everything about the interview and my resume. They’d hire me, but they ask that I commit to I’m not going to go back to the refinery when the lockout ends.” And when people would honestly tell them, “I can’t promise that,” then they’d say, “Well, thanks. If you change your mind, let us know.”

Maximillian Alvarez:

Well, and what you’re talking about goes the other way as well. I mean, for folks out there listening, the question of why should anyone stand in solidarity with 800 union workers who’ve been locked out by their employers? Because you stand with your fellow worker. I mean, you do it because it’s what’s right to do. That’s our policy on this show. It’s been our policies from the beginning. But on top of that, I think anyone living near this facility in Indiana or Illinois would want to know that that dangerous, complex facility is being operated by undertrained scab workers right now. And we don’t ever want to punch down and say your fellow worker is your enemy. I mean, those people who have taken those jobs have their own bargain with God that they’re going to have to kind of deal with. But the point of fact is, is that the trained specialists that you’re talking about are not operating the specialized machinery in that oil refinery right now.

Leno Miller:

Yeah. To expand on that too, one of their proposals that’s a sticking point for us, as Eric mentioned, that they brought to the table last time as well is the strike and lockout. Right now we can serve 24-hour strike notice. Currently, they want 150 days. Their BP stance publicly that they keep repeating over and over is that they need that. They need at least that 120 to 150 day strike notice to be able to continue to operate the refinery safely in the event of a work stoppage. How much notice did they give us when they locked us out? 24 hours. So both things can’t be true. Either you don’t need it or you’re lying, right? Or you are operating unsafely currently in the community. If it’s unsafe to operate without that much of a notice and preparation, then that’s how you’re currently operating unsafely.

Eric Schultz:

And to point out the 24-hour notice that we have, that’s not Wildcat 24-hour notice. That’s not mid-contract. That’s only after the contract expires. So I think a lot of people in the community don’t see that, don’t understand that. So they think just on any random Tuesday, I could just wake up in a bad mood and serve the company 24-hour strike notice. No, no. This is after you’ve spent months negotiating a contract. You knew that February 1st was the contract expiration. And our goal is to be as early as possible to hash out any issues so that by February 1st, you got a deal. You get that national agreement comes down from the top table. You take it to membership, you vote on it, and you move on. What they want to do is make that February 1st where we’re now that once February 1st comes, now we can serve notice.

And it’s something that we don’t take lightly. We could have done it this round of bargaining. And a lot of our members were upset that we weren’t serving strike notice when the contract expired because of all the ridiculous proposals that the company had on the table. So it’s something that we’re not going to just flippantly serve strike notice. We understand that people, it’s painful for us to be on strike. We’re willing to do it, just we don’t take it lightly. Well, so February 1st comes, now what they want to do with this 150-day strike and lockout notice is they won’t even start really bargaining, seriously bargaining until about 148 days into that 150-day strike and lockout notice, because that’s how they’re working it now. Our contract expires February 1st. They’re not serious about the proposals until the end of January. They just keep wanting to play mess around and they want to do this art of the deal stuff where they just put crazy things on the table knowing that, hey, we’re going to pull them off and we’ll meet in the middle type of thing.

So that’s all they’re going to do. They’re going to shift us 148 days down the road. Now maybe they’ll start to bargain. Meanwhile, the rest of the country, the national pattern folks all went back to work.

Maximillian Alvarez:

Well, and Tim, I wanted to toss it to you to have the final word here. Being a volunteer for the lockout assistance committee, any final notes that you wanted to give for folks out there listening? Folks in the area or folks listening from around the country, anything that they can do to help?

Tim Powell:

You touched on a point about not punching down on your fellow workers, whether it’s in your union or out in the community. This is 800 families who don’t have the money right now to go out to eat. They’re cutting down on all of their summer projects, their summer vacations. Things aren’t getting the jobs that you normally do around the house during the summer, like doing your deck, your fence, and that kind of stuff. We’re not able to spend that. We’re not able to employ a contractor. We’re not able to tip the waitress at the restaurant because we’re not even going to the restaurants. Everybody is seeing a reduction in the wages because we are cut out. We have a couple of websites. I’m sure that we can share those, but I can’t remember all of them right off the top of my head right now, but Eric can get to that.

But we gladly appreciate any donation that we can get. Any help is helping. I was here yesterday handing out backpacks and notebooks and all the school supplies yesterday. It’s not just taking that money off the people’s hands. It was also like your wife isn’t having to freak out at the store trying to figure out how she’s going to buy the stuff.

Eric Schultz:

Yeah, I will say to your point, the website, you ask how people can help. The easiest way is we propped up a website specifically for what we’re dealing with. It’s called supportoilworkers.com. On that website, it answers all those questions. If you wanted to send a check to help our assistance committee help pay bills or that money also goes to help just run the hall on a day-to-day basis, making sure that we have food for picketers, making sure that we’ve got the toiletries and things like that at the hall. So there’s an address and a way to send a check there. There was a link to an Amazon store for us, and that’s been fantastic. Every day we get shipments in here of diapers, formula, non-perishable food items, toiletries, things like that. They go, we stock them on the shelves and then members are free to come and take anything that they need.

So support oilworkers.com. And then today, hopefully today it’s going to start. We’ve been working with a company that we’ve used for years for all of our swag, our t-shirts and hats, ImagePoint. And today, hopefully we’ll have this store up and running. We’re going to have a pop-up store. There’s two shirts that people can pick from, and it’s going to be nationwide. We’ll be blasting this out every which way we can. It’s only going to be up for two weeks. And you can pick either of these shirt designs and a multitude of colors and styles, anything from a hooded sweatshirt to a tank top to a regular t-shirt. And then the proceeds for that will go help our strike and defense fund. So again, today I will send you that link once we get it up and running. We’re just getting the bugs ironed out of it.

There’ll be a couple of shirts. It’ll run for two weeks, then it’ll shut down. They’ll print, they’ll go into production, and they’ll start mailing out all the shirts to whoever purchased one. And then a couple weeks later, we’re going to pop up a second store with two different shirts. So all in, there’s going to be four different shirt designs for people to pick from. And we’re kind of hoping that some people that if you have the means and you really want to show some support, we hope that some people will choose to try to collect all four of those shirts.

Maximillian Alvarez:

Alright, gang, that’s going to wrap things up for us today. I want to thank our guests, Eric Schultz, President of United Steel Workers Local 7.1, Leno Miller, Assistant Griever for USW Local 7.1, and Tim Powell, a 19-year member of USW Local 7.1, and a volunteer for the Lockout Assistance Committee. And of course, I want to thank you all for listening, and I want to thank you for caring. We’ll see you all back here next time for another episode of Working People. And in the meantime, go explore all the great work that we’re doing at the Real News Network, where we do grassroots reporting that lifts up the voices and stories from the front lines of struggle. Check us out across our YouTube channel, our podcast feeds, our website, and our different social media pages, and help us do more work like this by going to therealnews.com/donate and becoming a supporter today.

I promise you guys, it really does make a difference. I’m Maximillian Alvarez. Take care of yourselves. Take care of each other. Solidarity forever.