A federal judge on Tuesday ruled that President Donald Trump’s executive order ending federal funding for National Public Radio and Public Broadcasting Service is unconstitutional.
In a 62-page opinion, U.S. District Judge Randolph Moss for the District of Columbia ruled that the executive order, issued in May 2025, violated the First Amendment of the Constitution by perpetrating “viewpoint discrimination and retaliation of this type.” Moss, an Obama appointee, called the executive order “unlawful and unenforceable.”
Trump’s executive order accused the news outlets of being “biased,” with the White House alleging they “fueled partisanship and left-wing propaganda with taxpayer dollars.” Both NPR and PBS denied those allegations and vowed to fight the defunding.
NPR and PBS initially challenged the executive order in separate lawsuits before they were consolidated earlier this year into the one case Moss ruled on Tuesday.
In a statement provided to MS NOW, Theodore Boutrous, attorney for NPR, called the ruling “a significant victory for the First Amendment and for freedom of the press.”
A spokesperson for PBS said the organization is “thrilled” with the judge’s decision.
“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,” the spokesperson said in a statement.
White House spokesperson Abigail Jackson called the ruling “ridiculous” and suggested the administration would appeal it. “NPR and PBS have no right to receive taxpayer funds, and Congress already voted to defund them,” she said in a statement to MS NOW. “The Trump administration looks forward to ultimate victory on the issue.”
According to the lawsuit, in 2025, federal funds made up more than $80 million, or about one-fifth, of PBS’ total budget. For NPR, the federal funds made up only 1% to 2% of the budget. The judge’s ruling, while significant, comes too late to undo some of the effects the organizations have already suffered from the defunding. Last summer, at Trump’s urging, Congress voted to cancel already appropriated funding to the Corporation for Public Broadcasting, which distributed the federal funds to PBS and NPR. The CPB ultimately disbanded earlier this year. Few local NPR and PBS stations shut their doors entirely, buoyed by emergency funding, but more than 100 were expected to have to shutter eventually. Trump and his administration have filed several ongoing lawsuits against media outlets they allege are biased against him. Tuesday’s ruling comes not long after another win for the press this month against the Trump administration: A federal judge ruled on March 20 that a restrictive policy the administration implemented for reporters covering the Pentagon was unconstitutional. Soorin Kim contributed reporting.
Julianne McShane is a breaking news reporter for MS NOW who also covers the politics of abortion and reproductive rights. You can send her tips from a non-work device on Signal at jmcshane.19 or follow her on X or Bluesky.
Lisa Rubin is MS NOW's senior legal reporter and a former litigator. Recommended
