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Randolph Moss, a judge in the U.S. District Court for the District of Columbia, said in his ruling that Mr. Trump’s order, signed last May, was unlawful because it instructed federal agencies to refrain from funding NPR and PBS because the president believed their news coverage had a liberal viewpoint.
“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,” Judge Moss wrote. But the First Amendment, he said, “does not tolerate viewpoint discrimination and retaliation of this type.”
The ruling will likely have minimal effect on the federal funding of public media. Two months after the executive order, Congress voted to claw back roughly $500 million in annual funding for the Corporation for Public Broadcasting, the organization that distributes federal money to NPR and PBS. The Corporation for Public Broadcasting has since shut down, and public radio and TV stations across the country have sought alternate forms of revenue.
But the ruling could have implications for any future money Congress decides to allocate to public media, removing a hurdle that could have prevented lawmakers from restoring funding for NPR and PBS.
In his opinion, Judge Moss wrote that the executive order, along with other public statements from the White House criticizing NPR reporting, including about Russia’s attempt to interfere in the 2016 U.S. presidential election, “targets a disfavored viewpoint.”
“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,” Judge Moss wrote.