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NPR's CEO called the ruling "a decisive affirmation of the rights of a free and independent press."
Although the Corporation for Public Broadcasting dissolved at the beginning of the year, National Public Radio and the Public Broadcasting Service still celebrated a win in court on Tuesday, when a federal judge in Washington, DC blocked President Donald Trump's executive order intended to strip the organizations of federal funding.
NPR's attorney, Theodore Boutrous, called US District Judge Randolph's permanent injunction "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," he said in a statement to The Associated Press. "The executive order crossed that line."
Katherine Maher, NPR's CEO, similarly described the ruling as "a decisive affirmation of the rights of a free and independent press."
PBS said in a statement that "we're thrilled with today's decision declaring the executive order unconstitutional."
"As we argued, and Judge Moss ruled, the executive order is textbook unconstitutional viewpoint discrimination and retaliation, in violation of long-standing First Amendment principles," the network added. "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."
Trump last May ordered the Corporation for Public Broadcasting to "cease direct funding to NPR and PBS, consistent with my administration's policy to ensure that federal funding does not support biased and partisan news coverage." As private donations poured in to NPR and PBS, Congress then voted to claw back nearly $1.1 billion from CPB.
The congressionally created and funded nonprofit corporation, which distributed federal funding to locally managed public radio and television stations across the United States, then announced it would shut down—which it ultimately did following a January vote by its board of directors. Still, NPR and PBS fought back in court, leading to Tuesday's decision.
"The president may, of course, engage in his own expressive conduct, including criticizing the views, reporting, or programming of NPR, PBS, or any other news outlet with whom he disagrees," wrote Moss, an appointee of former President Barack Obama.
"The government may also fund its own speech and may fund government programs that promote specific perspectives on issues of public importance, and it may decide which views or perspectives to convey—and which not to convey—in any such government speech or program," Moss continued. "And it may impose limits on federal grants to ensure that they are deployed to further the legitimate purposes of the program, and may pick and choose among applicants based on legitimate criteria."
"But 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," the judge stressed. "As the Supreme Court and DC Circuit have observed on more than a dozen occasions, the government 'may not deny a benefit to a person on a basis that infringes his constitutionally protected... freedom of speech even if he has no entitlement to that benefit."
Moss found that "Executive Order 14290 crosses that line. It does not define or regulate the content of government speech or ensure compliance with a federal program. Nor does it set neutral and germane criteria that apply to all applicants for a federal grant program. Instead, it singles out two speakers and, on the basis of their speech, bars them from all federally funded programs."
"It does so, moreover, without regard to whether the federal funds are used to pay for the nationwide interconnection systems," he explained, "which serve as the technological backbones of public radio and television; to provide safety and security for journalists working in war zones; to support the emergency broadcast system; or to produce or distribute music, children's, or other educational programming, or documentaries."
The judge noted that the order applied to grants from not only the now-defunct CPB but all federal entities, including the Department of Education, Federal Emergency Management Agency, and National Endowment for the Arts.
Because of those other potential sources of money, CNN reported Tuesday, "the ruling could—emphasis on could—lead to some funding for PBS and NPR in the future."
Tim Karr of Free Press also told Common Dreams that "should Congress decide to restore funding at some later point," the executive order "won't have any legal effect on preventing it from doing so."
Welcoming the decision in a statement, Public Citizen co-president Lisa Gilbert said that "NPR and PBS are valuable resources for the American public. Children across socioeconomic backgrounds rely on their programming, and the political persecution of both stations by the Trump administration has been reprehensible."
"This ruling is a straightforward win for the rule of law," she continued. "The Constitution is very clear: Congress holds the power of the purse. This judicial ruling is appropriate, impactful, and a victory for democracy."
Seth Stern, chief of advocacy at Freedom of the Press Foundation, tied the development to the Trump administration's other attacks on the media, specifically those from Federal Communications Commission (FCC) Chair Brendan Carr and Defense Secretary Pete Hegseth.
"As the court said, it's long been the law that the government can't circumvent the Constitution by conditioning benefits on censorship where it can't censor directly," Stern said. "That goes for publicly funded media, but it also goes for Brendan Carr's FCC conditioning broadcast licenses or merger approvals for private media companies on editorial concessions to please Donald Trump, Pete Hegseth conditioning access to the Pentagon on journalists forfeiting established rights, or Trump himself steering transactions like the Paramount-Warner Bros. Discovery merger to supporters of his who promise him 'sweeping changes' to bend the news to his liking."
"Virtually all of the administration's 'wins' in reshaping the media that Carr and Trump have bragged about at CPAC and in social media posts violate this well-established constitutional principle," he added, referring to the Conservative Political Action Conference that just concluded. "More news outlets should sue and win."
This article has been updated with comment from Free Press.
"The dissolution of CPB is a direct result of Donald Trump and his MAGA Republican allies' reckless crusade to destroy public broadcasting and control what Americans read, hear, and see," said Sen. Ed Markey.
The Corporation for Public Broadcasting—which helped fund NPR, PBS, and many local public television and radio outlets—announced Monday that its board of directors has voted to dissolve the 58-year-old private nonprofit, a move one Democratic US senator blamed on Republican efforts to destroy the venerable American institution.
CPB said in a statement that Sunday's board of directors vote "follows Congress’ rescission of all of CPB’s federal funding and comes after sustained political attacks that made it impossible for CPB to continue operating as the Public Broadcasting Act intended."
Patricia Harrison, CPB's president and CEO, said Monday that "for more than half a century, CPB existed to ensure that all Americans—regardless of geography, income, or background—had access to trusted news, educational programming, and local storytelling."
"When the [Trump] administration and Congress rescinded federal funding, our board faced a profound responsibility: CPB’s final act would be to protect the integrity of the public media system and the democratic values by dissolving, rather than allowing the organization to remain defunded and vulnerable to additional attacks," Harrison added.
CPB board chair Ruby Calvert said: “What has happened to public media is devastating. After nearly six decades of innovative, educational public television and radio service, Congress eliminated all funding for CPB, leaving the board with no way to continue the organization or support the public media system that depends on it."
"Yet, even in this moment, I am convinced that public media will survive, and that a new Congress will address public media’s role in our country because it is critical to our children's education, our history, culture, and democracy to do so," Calvert added.
The dissolution of CPB won't end NPR, PBS, or other public media outlets—which are overwhelmingly funded via contributions by private donors and by viewers and listeners.
President Donald Trump, congressional Republicans, and conservative advocacy groups—including the Heritage Foundation, which led work on Project 2025, the right-wing roadmap for remaking the federal government whose agenda includes stripping CPB funding—argue that NPR, PBS and other public outlets have become too "woke" and liberally "biased." In May, Trump signed an executive order calling for an end to taxpayer support for CPB-funded media.
Critics counter that Republican attacks on CPB have little to do with ensuring balanced coverage and fiscal responsibility and more to do with punishing media outlets that are critical of Trump and his policies.
"The dissolution of CPB is a direct result of Donald Trump and his MAGA Republican allies' reckless crusade to destroy public broadcasting and control what Americans read, hear, and see," US Sen. Ed Markey (D-Mass.) said in a statement Monday.
“Today’s decision to dissolve the Corporation for Public Broadcasting marks a grave loss for the American public," Markey continued. "For generations, CPB helped ensure access to trusted news, quality children’s programming, local storytelling, and vital emergency information for millions of people in Massachusetts and across the country."
"CPB nurtured and developed our public broadcasting system, which is truly the crown jewel of America’s media mix," he added. “This fight is not over. I will continue to fight for public media and oppose authoritarian efforts to shut down dissent, threaten journalists, and undermine free speech in the United States of America.”
Free press defenders also lamented CPB's imminent dissolution, as well as consolidation in the corporate mainstream media.
"Meanwhile," said human rights attorney Qasim Rashid on Bluesky, "billionaires continue to buy up major legacy media to prevent criticism of Trump."
There is so much that National Public Radio could do to make itself better and raise the expectations of its listening audience.
The reasons Congress created NPR, or National Public Radio, under the Nixon administration were to fill the yawning gaps of commercial radio in local, national, and international news coverage and to give voice to the people without the censorship that comes from advertisers. It was to be publicly funded by taxpayers. Almost 55 years later, NPR is now funded heavily by large corporations. NPR’s local affiliates solicit local business advertisements and grants from local corporations. President Donald Trump has cut out NPR’s small federal subsidy, further increasing its dependence on commercial funding.
Resolution One: Apart from excellent features around the country and the world, NPR should give voice to what civic groups are doing to improve our country locally and nationally. NPR is heavy on entertainment and coverage of entertainers. It needs to fill some of its airtime with news about the bedrock civic community in America. The imbalance is serious from the national to the local. NPR anchors regularly ignore calls by civic leaders requesting discussions about this exclusion.
Resolution Two: NPR has featured many reports and interviews on race but needs far more focus on class. Class exploitation of the poor and working class by the rich and powerful corporate supremacists feeds racial discrimination. The euphemism used is “inequality,” but corporate-bred crime, fraud, and abuse affect all people indiscriminately, which often disproportionately harms minorities. A result of the gross imbalance of time devoted to race and not to class is that indiscriminate injustice is mostly ignored.
Over 60 million poor whites in our country, if they even bothered to listen to NPR, might ask, “What About Us?”
NPR often focuses on racial plights without going to the sources of race- (and class-) based harms from commercial greed. Redlining, exploitation of tenants, lower pay (average hourly wages for Black and Hispanic men are substantially lower than those of white men), substandard healthcare, rampant overcharging of the poor (recall the book The Poor Pay More: Consumer Practices of Low-Income Families by David Caplovitz), greater difficulty getting loans, and discrimination against upward mobility to corporate executive ranks are some examples of systemic commercialism fueling systemic racism.
NPR’s collateral benefit from this inattention is that business advertisers large and small love NPR and its affiliates. This is especially the case for corporations with bad records, which crave NPR’s asserted prestige. NPR should reject ads from disreputable or criminal corporations.
Resolution Three: Stop mimicking commercial radio. NPR’s three-minute news segments on the hour often don’t even match the mediocre quality of CBS Radio’s choice of topics. For example, why, in 2023, were tennis star Novak Djokovic’s visa problems in Australia at the top of NPR news day after day? As for commercials, NPR stretches the envelope, airing, with its affiliates, as many as 30 ads per hour! Imagine the audience irritation. How many times do we have to hear each hour, “NPR is supported by XYZ corporation”? NPR gives abundant repetitive ad time to the same few advertisers that one wonders whether they are assured of exclusivity vis-a-vis competitors. Moreover, NPR starts the evening program "Marketplace" with ads, which even the commercial networks do not do.
Your listeners want you to decongest your programming from ads. And some may want to know why you haven’t, given the decades you have largely given up on reversing the relative decline of congressional appropriations. You give ample time to loud right-wingers and right-wing causes. Why aren’t you gaining bipartisan support for more congressional funding?
Resolution Four: Compress the weather forecasts. Back in 1970-1971, Congress knew that commercial radio stations gave plenty of time to weather, traffic, sports, and music. That is still true. So why does WAMC in Albany, an NPR local affiliate, have such lengthy forecasts, some starting with the West Coast, with ludicrous repetition for adjacent areas? WAMC is above average, with full-time staff covering local and state governments and candidates for public office.
Resolution Five: NPR should re-evaluate its music policy. NPR’s affiliates take their weekends seriously, so much so that they take off right at 6:00 p.m. on Saturday and Sunday evenings. Let the listeners hear music for the rest of the time, as if the world stops then.
Also, musical intervals are often too long, inappropriate for their context, and foolishly interjected. NPR’s evening program Marketplace, anchored by jumping-jack Kai Ryssdal, illustrates these observations. Even while he is rapidly giving the stock market numbers, there is background music loud enough to be considered foreground.
Resolution Six: Reconsider the uniform formulaics shackling your reporters. They respond to the anchor’s inquiry with a zigzag between their sound bites and corroborating sound bites from consulting firms, think tanks, and academic commentators. This model has a tedious staccato ring to it, especially since the reporters often, by way of their introduction, repeat what the interviewees are going to say.
Resolution Seven: Correct or explain your major faux pas. NPR staff need tutorials on the constitutional authority of Congress. NPR needed to explain immediately to its listeners why, with all that staff in Washington, DC, it took about 90 minutes (or until about 3:30 pm) to start telling its affiliates about the January 6, 2021 violent assault on Congress. Commercial CNN and other commercial media started reporting no later than 2:00 pm that fateful day. “And that’s not the only time NPR has messed up,” said one reporter for WAMC (that annually pays NPR $1 million for NPR programming).
Resolution Eight: Give your public editor, Kelly McBride, a regular public time slot to discuss her insights, presently communicated mostly internally, and to address serious feedback from your listeners about NPR’s broadcasting flaws. For example, NPR has broadcast Trump’s soundbite blatant lies without pointing out that they are false. The New York Times and Washington Post frequently advise their readers that such statements by Trump are false. (Local affiliates invite political opinions, personal development, and "how to" questions on related shows).
Ms. McBride could share the program with NPR’s CEO–a position more remote from the NPR public every decade. Hear ye, Katherine Maher! Among other benefits, you’ll get good suggestions for important, little-told news stories (see reportersalert.org).
Congress should have held long-needed public hearings in both the senate and the house of representatives to ascertain whether the original missions accorded to public radio and public broadcasting are being pursued both qualitatively and quantitatively and whether these networks and their affiliates have steadily strayed from those missions, due in part to the absence of congressional oversight and adequate mechanisms for public evaluations.
In that spirit, we issued a report in 2024 titled The Public’s Media by Michael Swerdlow, distributed to many reporters, editors, anchors, and top officials at NPR. The only response was from public editor Kelly McBride, who called it “a fair critique.” Even NPR’s resident intellectual, Scott Simon, has yet to share his thoughts.
There is so much more to learn about NPR and PBS about their relations with American Public Media, the BBC, and other connections to make them better and raise the expectations of their listening audience.
It’s easy to be complacent when you have so little competition from the commercial stations that for decades have debased our publicly owned airwaves, free of charge.