NPR and three other public radio stations have filed a federal lawsuit against the Trump White House over the president’s recent executive order cutting Congressionally appropriated funds for NPR and PBS, claiming that Trump’s actions violated the Constitution and freedom of speech.
“The president has no authority under the Constitution to take such actions,” alleges the lawsuit, which was filed in the District of Columbia on Tuesday. “On the contrary, the power of the purse is reserved to Congress.”
In an executive order earlier this month, President Donald Trump – who has devoted much attention to threatening the free press and dismantling state-funded media organizations – directed the Corporation for Public Broadcasting's board of directors to “cease federal funding for NPR and PBS,” which are the nation’s two largest public broadcasters.
The White House did not immediately respond to a request for comment on the NPR suit.
“It is not always obvious when the government has acted with a retaliatory purpose in violation of the First Amendment,” the lawsuit noted. “‘But this wolf comes as a wolf.’”
“The Order targets NPR and PBS expressly because, in the President's view, their news and other content is not 'fair, accurate, or unbiased,’” the complaint added.
“Neither entity presents a fair, accurate or unbiased portrayal of current events to tax-paying citizens,” the order declared. “The CPB Board shall cancel existing direct funding to the maximum extent allowed by law and shall decline to provide future funding.”
The complaint by NPR argues that the president’s order is “textbook retaliation” and a threat to public radio’s existence. Notably, NPR is joined by three public radio stations – Colorado Public Radio, KSUT Public Radio and Aspen Public Radio – in the lawsuit. While NPR only receives a fraction of its funding – roughly 2 percent – from federal grants, most of that funding goes to local radio and TV outlets.
“The Executive Order is a clear violation of the Constitution and the First Amendment's protections for freedom of speech and association, and freedom of the press,” NPR President and CEO Katherine Maher said in a statement.
“This is retaliatory, viewpoint-based discrimination in violation of the First Amendment. The Supreme Court has ruled numerous times over the past 80 years that the government does not have the right to determine what counts as 'biased,’” she added. “NPR will never agree to this infringement of our constitutional rights, or the constitutional rights of our Member stations, and NPR will not compromise our commitment to an independent free press and journalistic integrity.”
In his executive order, Trump accused NPR and PBS of “biased” coverage and insisted that federal funds should instead go to “fair, accurate, unbiased and nonpartisan news coverage,” which followed his recent threats to pull back funds. Trump also attempted to fire several board members of the CPB last month, prompting them to sue Trump to block the terminations.
While the lawsuit states that Trump does not have the authority to rescind funding that Congress appropriated, GOP lawmakers are currently working on legislation to defund public broadcasters. PBS, which receives about 15 percent of its funding from the government, did not join NPR’s complaint, suggesting the organization may file its own separate lawsuit.
