A federal judge delivered a stunning rebuke to the Trump administration yesterday, ruling that the president's executive order to defund PBS and NPR violated the First Amendment and represented an unconstitutional attempt to punish media outlets for their editorial content.
In a strongly-worded decision, U.S. District Court Judge Patricia Hernandez wrote that the order was "a transparent effort to silence critical voices in public broadcasting" and that the government "cannot wield the power of the purse to coerce editorial compliance."
The ruling blocks the administration from cutting federal funding to the Corporation for Public Broadcasting, which distributes funds to PBS and NPR stations nationwide. The judge granted a preliminary injunction, finding that the plaintiffs—a coalition of public broadcasting stations and media advocacy groups—were likely to succeed on the merits of their First Amendment claims.
"This is a watershed moment for press freedom," said Patricia Harrison, president of the Corporation for Public Broadcasting. "The court recognized what we've known all along: you can't defund journalism you don't like."
The executive order, issued last month, cited concerns about "bias in taxpayer-funded media" and directed federal agencies to cease all funding to public broadcasting entities. Legal experts immediately questioned its constitutionality, noting that the Supreme Court has long held that the government cannot discriminate against media outlets based on viewpoint.
Judge Hernandez agreed, writing that while Congress has broad discretion over appropriations, "the Executive Branch cannot unilaterally withdraw congressionally-authorized funding as punishment for disfavored speech." She cited the landmark FCC v. League of Women Voters case, which struck down restrictions on editorializing by public broadcasters.
