White House Defends Public Media Funding Cuts, Claims NPR Lawsuit Is Premature.

The legal battle over President Trump’s executive order to cut federal funding to NPR and PBS continues in court, where government lawyers are now arguing the public radio network’s lawsuit should be dismissed because no actual funding has been withheld yet. “In short, this lawsuit is an academic exercise right now,” the Justice Department argues.

At the center of the dispute is Executive Order 14290, titled “Ending Taxpayer Subsidization of Biased Media.” It was signed by President Trump on May 1. The order directs the Corporation for Public Broadcasting (CPB) to terminate direct and indirect funding to NPR and PBS “to the maximum extent allowed by law.” It also instructs other federal agencies to identify and eliminate any funding to these organizations.

In response, NPR, along with local stations including Aspen Public Radio, Colorado Public Radio, and KSUT Public Radio, filed a lawsuit last month in the U.S. District Court for the District of Columbia against the President and several federal agencies, arguing that the order violates their First and Fifth Amendment rights and contravenes statutory protections for public media. The public broadcasters say that because the executive order “inflicts serious and irreparable injuries” on them, they also want the court to issue an injunction to permanently block the Trump administration from implementing or enforcing it.

But the Trump administration has responded with a motion for summary judgment of its own, asking that the case be tossed out. It argues that NPR’s claims are not ripe for judicial review because CPB has not yet acted to cut funding, and no final agency actions have taken place that would cause immediate harm. According to the government’s filings, the Treasury Department has continued to disburse funds to CPB, and the National Endowment for the Arts (NEA) grants to NPR were fully paid and expired on schedule in May.

“The bottom line is that plaintiffs may object to the executive order in principle, but there is no ripe, concrete dispute in practice. On that basis alone, the Court should dismiss this action,” government lawyers wrote in a motion filed this week.

The administration also emphasizes that NPR and its member stations have not demonstrated any concrete or imminent injury and therefore lack standing. It further contends that under long-standing legal precedent, the government has broad discretion to choose whether or not to subsidize certain entities and viewpoints, and that refusal to fund is not equivalent to censorship or retaliation under the First Amendment. “Federal grants and subsidies are not, and have never been, treated as property interests that trigger constitutional protection before they can be terminated or ceased,” it says.

In its memorandum, the government argues that “the Executive Order merely directs agencies to adjust funding consistent with policy priorities,” and that NPR remains free to operate and speak, just without federal subsidy. The filings repeatedly cite the Supreme Court’s 1991 decision in Rust v. Sullivan to support the idea that the government may selectively fund activities it deems in the public interest without violating free speech protections.

Meanwhile, CPB has indicated it does not intend to comply with the executive order and has disputed the President’s authority to direct its funding decisions. That conflict is part of separate, ongoing litigation in the same court.

Technical issues also briefly delayed the government's filings. In a separate motion, federal attorneys requested an extension after experiencing network and technical problems that caused them to submit their summary judgment papers and administrative record minutes past the original midnight deadline on July 11. The filings were ultimately submitted early on July 12. NPR did not oppose this extension.

NPR has picked up the support from a coalition of 29 NPR member stations across the U.S., joined by a group of 23 states, along with other media organizations, in favor of maintaining CPB funding. Their friend-of-the-court amicus briefs highlight public stations’ importance to their communities, including the role they play in distributing emergency alerts.

Under the Public Broadcasting Act, CPB receives federal appropriations that it distributes to local public radio and television stations based on a content-neutral formula. Local stations may use these Community Service Grants (CSGs) to acquire programming, including NPR content. NPR receives about 31% of its annual revenue — approximately $100 million — from member station fees, some of which are paid using CPB grants. In fiscal year 2024, NPR also received $6.8 million in CPB funds to operate the Public Radio Satellite System (PRSS), which distributes programming and emergency alerts to stations across the U.S., including rural and remote communities.