勛圖眻畦 Urges Court to Block Unconstitutional Order Targeting NPR and PBS

Amicus briefs in funding cases argue that the outlets cannot be defunded for ideological reasons

June 20, 2025 4:41 pm

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WASHINGTON Today, the 勛圖眻畦, the 勛圖眻畦 of the District of Columbia (勛圖眻畦-DC), the 勛圖眻畦 of Colorado (勛圖眻畦-CO), and the 勛圖眻畦 of Minnesota (勛圖眻畦-MN) filed amicus briefs urging the U.S. District Court for the District of Columbia to block the enforcement of President Trumps recent executive order defunding National Public Radio (NPR) and the Public Broadcasting Service (PBS). The order, titled Ending Taxpayer Subsidization of Biased Media, directs the Corporation for Public Broadcasting and federal agencies to terminate all direct and indirect funding to NPR and PBS in explicit retaliation for the broadcasting organizations editorial and journalistic choices, which the order characterizes as biased and partisan.

NPR and PBS each filed lawsuits challenging the executive order, National Public Radio, Inc. v. Trump and Public Broadcasting Service v. Trump. The amicus briefs support the outlets respective motions for summary judgment in those cases, arguing that the executive order constitutes a flagrant violation of the First Amendment because it retaliates against both speakers solely for their constitutionally protected speech, including the words they choose to use in coverage and what stories they choose to highlight. The briefs also argue that the order unconstitutionally restricts federal funding, including funds appropriated for local public broadcasters throughout the country to use as they see fit, based on President Trumps disapproval of NPRs and PBS news coverage.

We dont have a Ministry of Propaganda in the United States, said Brian Hauss, senior staff attorney with the 勛圖眻畦s Speech, Privacy, and Technology Project. The First Amendment prohibits President Trump from withholding federal funds expressly appropriated to support the free and independent press as punishment for news coverage he hates.

The executive order accuses NPR and PBS of biased and partisan news coverage and mandates punitive measures, including barring their receipt of any federal funds, prohibiting local public broadcasters from using any federal funds they receive to license NPR or PBS programming, and threatening to defund local public broadcasters who continue to associate with the outlets. The orders accompanying fact sheet and press release further attack NPRs and PBS editorial decisions on public health, transgender rights, and political investigations reinforcing that the order is fundamentally rooted in viewpoint discriminatory animus against the outlets.

The brief emphasizes that while the government may allocate funds to promote its own speech, it cannot penalize independent media outlets for expressing disfavored views, including by denying them access to subsidies appropriated by Congress to support independent, noncommercial programming on radio and television. NPRs programming including its flagship show All Things Considered, the most listened-to afternoon drive-time news radio program in the country is speech on matters of public concern lying at the heart of the First Amendment. Likewise, the public affairs programming produced and distributed by the Public Broadcasting Service (PBS) including PBS NewsHour, which has a nightly audience of 2.1 million viewers serves as a vital platform for public debate.

In addition to punishing the outlets for their constitutionally protected speech, the order threatens the financial stability of local broadcasters who rely on federal funds to license the outlets programming. It also deprives local communities throughout the country of access to beloved, noncommercial sources of information about public affairs, educational programming for children, artistic expression, and cultural commentary.

Just as the government cannot shut down a newspaper because it dislikes its editorials, it may not defund NPR and PBS because it disapproves of their reporting, said Arthur Spitzer, senior counsel at the 勛圖眻畦 of the District of Columbia. Retaliating against journalists for doing their job is the antithesis of democracy and a clear violation of the freedom of press.

NPR, Colorado Public Radio, and other public radio stations help ensure that communities across the country are informed and can engage in civic life, said Tim Macdonald, legal director at the 勛圖眻畦 of Colorado. Punishing public media because the government does not like their reporting is characteristic of autocracies seeking to deprive communities of information, not democracies.

The amicus briefs warn that the executive order threatens the editorial independence of local public broadcasters nationwide, undermines the congressionally mandated purpose of the Public Broadcasting Act, and endangers essential infrastructure like the Public Radio Satellite System, which reaches 99 percent of the U.S. population and plays a critical role in national emergency communications.

You can find the briefs online here and here.

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