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Battle for Media Freedom! PBS Sues Trump, Accusing Him of Attacking the First Amendment!

The Public Broadcasting Service (PBS) and its Minnesota affiliate, Lakeland PBS, have filed a lawsuit against President Donald Trump and his administration in a Washington, D.C., federal court to challenge a controversial executive order aimed at eliminating their federal funding.

Issued on May 1, Executive Order 14290, titled “Ending Taxpayer Subsidization Of Biased Media,” declares that neither PBS nor National Public Radio (NPR) provide “a fair, accurate, or unbiased portrayal of current events to taxpaying citizens.” Consequently, the order directs the Corporation for Public Broadcasting Board of Directors (CPB Board) and all executive departments and agencies to cease funding both PBS and NPR.

In a 35-page complaint, PBS and Lakeland PBS argue that this “unprecedented presidential directive” constitutes an attack that “will upend public television.” They strongly contest the “charged assertions” made in President Trump’s executive order.

The lawsuit further asserts that President Trump’s attempt to defund them lacks any legal foundation. “Regardless of any policy disagreements over the role of public television, our Constitution and laws forbid the President from serving as the arbiter of the content of PBS’s programming, including by attempting to defund PBS,” the complaint states.

The plaintiffs are seeking a court order to prevent the implementation of President Trump’s funding rescission, arguing that it violates federal law establishing the public airwaves and is unconstitutional under the First Amendment, which protects freedom of speech and the press.

The lawsuit highlights the historical protection of federal funding for public television from political interference. It notes that Congress, over 50 years ago, established a system where funds are channeled through a non-federal, non-profit, and nonpartisan entity – the CPB, created in 1967, which subsequently led to the establishment of PBS in 1969 and NPR in 1970. The complaint emphasizes a specific prohibition enacted by Congress stating that no “department, agency, officer, or employee of the United States” may “exercise any direction, supervision, or control over public telecommunications, or over [CPB] or any of its grantees” – including regarding the “content or distribution of public telecommunications programs and services.”

PBS and Lakeland PBS directly accuse the Trump administration of unconstitutionally targeting them for their speech, which the administration allegedly disfavors. The complaint states that the executive order explicitly aims to cut off funding due to the content of PBS programming and with the intention of altering that content, which the plaintiffs argue is a blatant form of viewpoint discrimination and an infringement on their editorial discretion. They also contend that the order imposes an unconstitutional condition on PBS Member Stations’ receipt of federal funds by prohibiting their use to access PBS programming and services. Furthermore, the lawsuit suggests the order is retaliatory for perceived political slights in news coverage.

While the lawsuit includes seven counts, five of which allege First Amendment violations, its central argument is that the president lacks the legal authority to carry out the actions outlined in his order. The plaintiffs also claim that President Trump is aware his efforts lack support, referencing his contemplation of a formal rescission of funds under the Impoundment Control Act, which he ultimately bypassed in favor of a unilateral action.

The lawsuit further points out that the executive order itself acknowledges an attempt to circumvent Congress by stating that the reasons for Congress enacting the original legislation no longer apply, a determination the plaintiffs argue is solely within Congress’s purview.

PBS and Lakeland PBS assert the enduring importance of public broadcasting, highlighting its mission to provide commercial-free, educational programming and services that reflect the interests of the American people. They emphasize that their content is free, available to nearly 97% of the U.S. population, and serves areas not profitable for commercial media. The lawsuit also provides demographic data indicating that PBS’s audience composition mirrors the overall U.S. population across various factors and reaches more children and parents of young children than any other children’s television network through PBS KIDS.

The plaintiffs conclude that if the executive order is allowed to stand, it would undermine Congress’s decision to protect federal funding for public television from government editorial control and would profoundly impact PBS’s ability to provide diverse programming to all Americans. They are seeking legal intervention to preserve their ability to serve their viewers and communities without political interference, as they believe both Congress and the First Amendment mandate.

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