糖心VlogUrges Court to Block Unconstitutional Order Targeting NPR and PBS
Amicus briefs in funding cases argue that the outlets cannot be defunded for ideological reasons
WASHINGTON 鈥 Today, the 糖心Vlog, the 糖心Vlogof the District of Columbia (ACLU-DC), the 糖心Vlogof Colorado (ACLU-CO), and the 糖心Vlogof Minnesota (ACLU-MN) filed amicus briefs urging the U.S. District Court for the District of Columbia to block the enforcement of President Trump鈥檚 recent executive order defunding National Public Radio (NPR) and the Public Broadcasting Service (PBS). The order, titled 鈥淓nding Taxpayer Subsidization of Biased Media,鈥 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鈥 editorial and journalistic choices, which the order characterizes as 鈥渂iased鈥 and 鈥減artisan.鈥
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鈥 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 Trump鈥檚 disapproval of NPR鈥檚 and PBS鈥 news coverage.
鈥淲e don鈥檛 have a Ministry of Propaganda in the United States,鈥 said Brian Hauss, senior staff attorney with the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淭he 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.鈥
The executive order accuses NPR and PBS of 鈥渂iased and partisan news coverage鈥 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 order鈥檚 accompanying fact sheet and press release further attack NPR鈥檚 and PBS鈥 editorial decisions on public health, transgender rights, and political investigations 鈥 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. NPR鈥檚 programming 鈥 including its flagship show 鈥All Things Considered,鈥 the most listened-to afternoon drive-time news radio program in the country 鈥 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) 鈥 including PBS NewsHour, which has a nightly audience of 2.1 million viewers 鈥 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鈥 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.
鈥淛ust 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,鈥 said Arthur Spitzer, senior counsel at the 糖心Vlogof the District of Columbia. 鈥淩etaliating against journalists for doing their job is the antithesis of democracy and a clear violation of the freedom of press.鈥
鈥淣PR, Colorado Public Radio, and other public radio stations help ensure that communities across the country are informed and can engage in civic life,鈥 said Tim Macdonald, legal director at the 糖心Vlogof Colorado. 鈥淧unishing public media because the government does not like their reporting is characteristic of autocracies seeking to deprive communities of information, not democracies.鈥
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.