WASHINGTON (AP) — A federal judge on Tuesday agreed to permanently block the Trump administration from implementing a presidential directive to end federal funding for National Public Radio and the Public Broadcasting Service.
U.S. District Judge Randolph Moss in Washington ruled that President Donald Trump’s executive order to cease funding for NPR and PBS is unlawful and unenforceable. The judge said the First Amendment right to free speech “does not tolerate viewpoint discrimination and retaliation of this type.”
“It is difficult to conceive of clearer evidence that a government action is targeted at viewpoints that the President does not like and seeks to squelch,” wrote Moss, who was nominated to the bench by President Barack Obama, a Democrat.
The judge noted that Trump’s executive order simply directs that all federal agencies “cut off any and all funding” to NPR, which is based in Washington, and PBS, based in Arlington, Virginia.
"The Federal Defendants fail to cite a single case in which a court has ever upheld a statute or executive action that bars a particular person or entity from participating in any federally funded activity based on that person or entity’s past speech,” the judge wrote.
Last year, Trump, a Republican, said at a news conference he would “love to” defund NPR and PBS because he believes they’re biased in favor of Democrats.
NPR accused the Corporation for Public Broadcasting of violating its First Amendment free speech rights when it moved to cut off its access to grant money appropriated by Congress. NPR also claims Trump wants to punish it for the content of its journalism.
Last August, CPB announced it would take steps toward closing itself down after being defunded by Congress.
Plaintiffs’ attorney Theodore Boutrous said Tuesday's ruling is “a victory for the First Amendment and for freedom of the press.”
“As the Court expressly recognized, the First Amendment draws a line, which the government may not cross, at efforts to use government power — including the power of the purse — ‘to punish or suppress disfavored expression’ by others," Boutrous said in a statement. "The Executive Order crossed that line.”
Editor's note: Michigan Public is an affiliate of National Public Radio, licensed to the University of Michigan.
