Trump’s order to block funding for NPR and PBS was unlawful, the judge ruled

WASHINGTON — A federal judge ruled Tuesday that President Donald Trump exceeded his authority when he signed an executive order last year that blocked funding for the Public Broadcasting Service and National Public Radio.

U.S. District Judge Randolph Daniel Moss wrote in a 62-page order that while many of the original issues in the case are no longer relevant now that Congress has stopped funding the Corporation for Public Broadcasting, the section of the executive order that required agencies to stop “any direct or indirect funding of NPR and PBS” remains applicable.

“The message is clear: NPR and PBS do not have to apply for federal benefits because the president disapproves of their ‘left-wing’ coverage of the news,” Moss wrote.

“Because the First Amendment does not tolerate viewpoint discrimination and retaliation of this kind, the Court will enter judgment against the federal defendants declaring Section 3(a) of the Executive Order unconstitutional and issue a preliminary injunction prohibiting these defendants from implementing it.”

Moss was nominated to the District Court of the District of Columbia by former President Barack Obama in 2014.

White House spokeswoman Abigail Jackson indicated in a statement that the administration would appeal the court’s decision.

“This is a ridiculous decision by an activist judge trying to undermine the law. NPR and PBS have no right to receive taxpayer money, and Congress has already voted to defund them,” Jackson wrote. “The Trump administration looks forward to ultimate victory on this issue.”

A PBS spokesperson wrote in a statement that the organization was “thrilled with today’s decision declaring the executive order unconstitutional.”

“As we have outlined and as Judge Moss has ruled, the executive order is textbook, unconstitutional discrimination and retaliation that violates long-held First Amendment principles,” the spokesperson added. “At PBS, we will continue to do what we have always done: serve our mission of educating and inspiring all Americans as the nation’s most trusted media institution.”

An NPR spokesperson did not respond to a request for comment.

No impact on congressional defunding

Trump issued the implementing regulation titled “End Tax Subsidization of Biased Media” in May last year, which resulted in two separate lawsuits that were later consolidated.

One was submitted by NPR along with three Colorado stations: Aspen Public Radio, Colorado Public Radio and KSUT Public Radio. The second lawsuit was submitted by PBS and Lakeland PBS in Minnesota.

The NPR lawsuit alleged that Trump’s order was “overtly retaliatory” and “unlawful in multiple respects.”

“The order is retaliatory and viewpoint-based discrimination in violation of the First Amendment, and it impairs the free speech and editorial discretion of NPR and local member stations,” the lawsuit said. “Finally, the order violates the Due Process Clause of the Constitution by attempting to deny NPR-critical funding without notice or meaningful process.”

The lawsuits were filed with the Trump administration in June asked Congress to eliminate $1.1 billion in previously approved funding for the Corporation for Public Broadcasting, which provided grants to NPR and PBS.

The Senate coordinated 51-48 in July to approve the motion, and the House approved that version of the withdrawal bill 216-213 vote shortly thereafter.

Viewpoint discrimination

Moss wrote in his ruling that the original portions of the complaint to the Corporation for Public Broadcasting were no longer relevant because “CPB no longer exists and no court order declaring the Executive Order applied to CPB unlawful can provide meaningful relief to NPR, PBS, or their member stations.”

“But that doesn’t end the matter because the executive order goes beyond the CPB,” he added. “It also directs that all federal agencies refrain from funding NPR and PBS – regardless of the nature of the program or the merits of their applications or requests for funding.”

Moss wrote that while Trump can denounce news organizations as often as he wants, he cannot order government officials to engage in viewpoint discrimination.

“Of course, the president has the right to criticize this or any other reporting, and he can express his own views as he sees fit,” he wrote. “However, he may not use his governmental authority to direct federal agencies to bar plaintiffs from receiving federal grants or other funding in retaliation for saying things he doesn’t like.”

The Trump administration’s attempt to block grants from the Department of Education, the Federal Emergency Management Agency, the National Endowment for the Arts and other agencies from going to PBS and NPR would have far-reaching implications, Moss wrote.

“Moreover, this occurs regardless of whether the federal funds are used to fund the nationwide interconnection systems that serve as the technological backbone of public radio and television, to ensure the safety of journalists working in war zones, to support the emergency communications system, or to produce or distribute music, children’s or other educational programs or documentaries,” he wrote.

Lawyers for the Trump administration, Moss wrote, are unable to “explain why NPR’s allegedly ‘biased’ political reporting causes the production and distribution of programs such as ‘Tiny Desk Concerts’ … to violate the NEA’s licensing statutes.”