Citing First Amendment, federal judge blocks Trump order to end funding
for NPR and PBS
[April 01, 2026]
By MICHAEL KUNZELMAN
WASHINGTON (AP) — Citing the First Amendment, 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, two media entities that the White
House has said are counterproductive to American priorities.
The operational impact of U.S. District Judge Randolph Moss' decision
was not immediately clear — both because it will likely be appealed and
because too much damage to the public-broadcasting system has already
been done, both by the president and Congress.
Moss 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.
White House spokesperson Abigail Jackson said Moss' decision is “a
ridiculous ruling by an activist judge attempting to undermine the law.”
“NPR and PBS have no right to receive taxpayer funds, and Congress
already voted to defund them. The Trump Administration looks forward to
ultimate victory on the issue,” Jackson said in a statement.
PBS, with programming ranging from “Sesame Street” and “Mister Rogers’
Neighborhood” to Ken Burns’ documentaries, has been operating for more
than half a century. NPR has news programming from “All Things
Considered” and cultural shows like the “Tiny Desk” concerts. For
decades, the fates of both systems have been part of a philosophical
debate over whether government should help fund their operations.
Punishment for 'past speech’ cited in decision
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.
“The message is clear: NPR and PBS need not apply for any federal
benefit because the President disapproves of their ‘left wing’ coverage
of the news,” Moss wrote.
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.
“Public media exists to serve the public interest — that of Americans —
not that of any political agenda or elected official,” said Katherine
Maher, NPR’s president and CEO. She called the decision a decisive
affirmation of the rights of a free and independent press.
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National Public Radio (NPR) on North Capitol Street in Washington,
April 15, 2013. (AP Photo/Charles Dharapak, File)
 PBS chief Paula Kerger said she was
thrilled with the decision. The executive order, she said, is
“textbook” unconstitutional 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.”
Last August, CPB announced it would take steps toward closing itself
down after being defunded by Congress.
A victory, though incremental, for press freedom
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.”
The judge agreed with government attorneys that some of the news
outlets’ legal claims are moot, partly because the CPB no longer
exists.
“But that does not end the matter because the Executive Order sweeps
beyond the CPB,” Moss added. “It also directs that all federal
agencies refrain from funding NPR and PBS — regardless of the nature
of the program or the merits of their applications or requests for
funding.”
NPR and three public radio stations sued administration officials
last May. While Trump was named as a defendant, the case did not
include Congress — and the legislative body has played a large role
in the public-broadcasting saga in the past year.
Trump’s executive order immediately cut millions of dollars in
funding from the Education Department to PBS for its children’s
programming, forcing the system to lay off one-third of the PBS Kids
staff. The Trump order didn’t impact Congress’ vote to eliminate the
overall federal appropriations for PBS and NPR, which forced the
closure of the Corporation for Public Broadcasting, the entity that
funneled that money to the TV and radio networks.
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AP Media Writer David Bauder and AP writer Darlene Superville
contributed to this report.
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