PBS sues Trump administration, says executive order cutting federal funding violates First Amendment

The Public Broadcasting Service (PBS) is suing the Trump administration over its efforts to cut the network's federal funding, calling the move "unconstitutional." 

"[In] an Executive Order issued on May 1, 2025, the President declared that government funding of private sources of non-commercial media is ‘corrosive,’ and singled out PBS (alongside National Public Radio) as failing to provide 'fair, accurate, unbiased, and nonpartisan news,'" the court filing obtained by Fox News Digital reads. 

"PBS disputes those charged assertions in the strongest possible terms. But 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," it continued.

The lawsuit, which names Northern Minnesota Public Television as a co-plaintiff, lists several defendants, including President Donald Trump, Office of Management and Budget Director Russ Vought, Treasury Secretary Scott Bessett, Education Secretary Linda McMahon and Department of Homeland Security Secretary Kristi Noem. 

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PBS, led by Paula Kerger, is suing the Trump administration over an executive order targeting its federal funding, alleging it violates the outlet's First Amendment rights. (Alberto E. Rodriguez/Getty Images)

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"Indeed, since Congress laid the foundations for the growth of public television over 50 years ago, it has repeatedly protected the flow of federal funds from political interference by filtering them through a non-federal, non-profit, and non-partisan entity—the Corporation for Public Broadcasting ('CPB')—and by providing for long-term appropriations," it said. "Lest there be any doubt that the Executive Branch should have no power to influence CPB’s decision-making, Congress enacted a specific ‘[p]rohibition’: 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 with respect to 'the content or distribution of public telecommunications programs and services.'"

"The EO violates not only those straightforward statutory restrictions but also the First Amendment. The EO makes no attempt to hide the fact that it is cutting off the flow of funds to PBS because of the content of PBS programming and out of a desire to alter the content of speech. That is blatant viewpoint discrimination and an infringement of PBS and PBS Member Stations’ private editorial discretion," the filing continues. 

"The EO also seeks to impose an unconstitutional condition on PBS Member Stations’ receipt of federal funds by prohibiting them from using federal funds to access PBS programming and services. And the EO smacks of retaliation for, among other things, perceived political slights in news coverage. That all transgresses the First Amendment’s protection of both speech and freedom of the press."

President Donald Trump signed an executive order earlier this month targeting federal funding to PBS and NPR over allegations of biased news coverage.  (AP Photo/Evan Vucci)

In a statement to Fox News Digital, a PBS spokesperson said, "After careful deliberation, PBS reached the conclusion that it was necessary to take legal action to safeguard public television’s editorial independence, and to protect the autonomy of PBS member stations." 

"The Corporation for Public Broadcasting (CPB) is creating media to support a particular political party on the taxpayers’ dime," a White House spokesperson told Fox News Digital. "Therefore, the President is exercising his lawful authority to limit funding to NPR and PBS. The President was elected with a mandate to ensure efficient use of taxpayer dollars, and he will continue to use his lawful authority to achieve that objective."

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Earlier this week, National Public Radio (NPR) and a trio of Colorado public radio stations similarly filed a lawsuit against Trump's executive order.

NPR CEO Katherine Maher previously announced her organization's lawsuit against the Trump administration.  (Left: (Photo by Horacio Villalobos#Corbis/Getty Images), Right: (Photo credit should read SAUL LOEB/AFP via Getty Images))

"The Executive Order is a clear violation of the Constitution and the First Amendment's protections for freedom of speech and association, and freedom of the press. It is an affront to the rights of NPR and NPR's 246 Member stations, which are locally owned, nonprofit, noncommercial media organizations serving all 50 states and territories. Today, we challenge its constitutionality in the nation's independent courts," NPR CEO Katherine Maher said in a lengthy statement. 

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Fox News' Brian Flood contributed to this report.