A federal judge on Tuesday blocked the Trump administration from defunding National Public Radio and the Public Broadcasting Service.
U.S. District Judge Randolph Moss ruled that President Trump’s executive order last May to end federal funding for the two public broadcasting networks is illegal and unenforceable, saying that the First Amendment to the Constitution “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,” Moss, who was appointed to the Washington, D.C., circuit by President Obama, wrote in his ruling.
Trump and his fellow Republicans have long railed against PBS and NPR for what they perceive as bias towards liberals and Democrats. That’s not enough for the president to deny them federal funding, Moss said, because there is no legal precedent for it.
“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,” Moss wrote. “The First Amendment does not tolerate viewpoint discrimination and retaliation of this type.”
The heads of NPR (which sued the Trump administration last May) and PBS celebrated the decision. “Public media exists to serve the public interest — that of Americans — not that of any political agenda or elected official,” NPR’s president and CEO Katherine Maher said to the Associated Press. PBS President and CEO Paula Kerger, called the executive order “textbook” viewpoint discrimination and retaliation.
“At PBS, we will continue to do what we’ve always done: serve our mission to educate and inspire all Americans as the nation’s most trusted media institution,” Kerger said.
Trump’s executive order cut off millions of dollars for PBS’s children’s programming from the Department of Education, resulting in layoffs for one-third of PBS Kids employees. The Corporation for Public Broadcasting, which oversaw the federal funding for PBS and NPR, was forced to close after Congress eliminated federal appropriations for the public outlets.
The Trump administration will likely appeal the ruling, and it’s not clear how or if Congress will resume funding for PBS and NPR. Smaller and more rural communities with fewer news outlets were hit the hardest by the loss of public funding, as comedian John Oliver pointed out on HBO’s Last Week Tonight in November. Arkansas PBS even briefly considered ending its affiliation with the national PBS organization. Hopefully, this court ruling will spur a much-needed revival of public media funding in the U.S.