Google LLC v. LATAM Airlines Group S.A. Inc.

Background

Google LLC moved for a preliminary injunction against LATAM Airlines Group S.A. Inc. and Tam Linhas Aereas S.A. A preliminary injunction is a court order issued before the case is finally resolved to prevent specified conduct while the litigation continues. The motion concerned orders issued by Brazil’s Superior Court of Justice on December 3, 2024; March 21, 2025; and June 23, 2025, along with later orders in the same dispute. The opinion refers to those orders collectively as the “Global Removal Order” and states that they affected the availability of the “Testimonial Videos” in the United States.

LATAM filed an opposition, and Google filed a reply. The court held a hearing on August 28, 2025. Because Judge Freeman was unavailable for the next two weeks and the court considered immediate relief necessary, it issued this provisional order and stated that a fully reasoned order would follow. The opinion also states that LATAM did not contest Google’s claims identified by the court.

Court’s Analysis

The court applied the preliminary-injunction standards requiring a showing that the plaintiff is likely to succeed on the merits, likely to suffer irreparable harm without relief, and supported by a favorable balance of equities and the public interest. The court stated that Google was likely to succeed on its claims that the Global Removal Order violated Section 230 of the Communications Decency Act, the First Amendment to the United States Constitution, and the SPEECH Act, and that it trespassed on international comity.

The court also found that Google was likely to suffer irreparable harm without preliminary relief, that the balance of equities favored Google, and that an injunction was in the public interest.

Ruling

Judge Beth Freeman granted Google’s motion for a preliminary injunction. The order enjoins LATAM Airlines Group S.A. Inc. and Tam Linhas Aereas S.A. from enforcing or attempting to enforce the specified Brazilian orders, or later orders in the dispute, in any court in the United States if doing so would affect the availability of the Testimonial Videos in the United States.

The order also bars those defendants from enforcing or attempting to enforce the Global Removal Order, or seeking penalties for alleged noncompliance with it, in any court in Brazil when doing so would affect the videos’ availability in the United States. The court stated that a reasoned order would follow.