President Trump’s order to end federal funding for NPR, PBS could face legal challenge

President Donald Trump issued an executive order to cut off federal funding for NPR and PBS that will likely face court challenge.

Trump's May 1 order instructed the Corporation for Public Broadcasting to cease funding NPR and PBS. It also directed officials to revise federal grant provisions by June 30 to prohibit direct or indirect funding of the public media channels.

A month earlier in a Truth Social post, Trump called NPR and PBS "radical left 'monsters' that so badly hurt our country!" 

During Trump's first 100 days, the government under Trump's direction asserted new control over White House press access and attacked multiple news outlets.

Trump's order faces potential obstacles should any entity challenge it in court, legal and media studies experts said. 

"The president does not have the authority to direct the Corporation for Public Broadcasting in how it distributes federal money," said Allison Perlman, University of California, Irvine, associate professor in the department of film and media studies. "The rationale behind the creation of the CPB was to protect public media from political interference."

Julian Davis Mortenson, a University of Michigan law professor, said, "Trump's authority to order the Corporation for Public Broadcasting to do anything is contested."

Patricia Harrison, president and CEO of the Corporation for Public Broadcasting, said in a statement that the corporation is not subject to the president's authority. "Congress directly authorized and funded CPB to be a private nonprofit corporation wholly independent of the federal government," Harrison wrote. Citing the law that created the corporation, Harrison pointed to the "federal interference" section that bans government officers or employees from any "direction, supervision, or control over public telecommunications, or over the Corporation or any of its grantees or contractors."

The presidents of PBS and NPR issued separate statements signaling their likelihood of waging legal challenge against Trump's order. PBS President and CEO Paula Kerger called the order "blatantly unlawful" while NPR President and CEO Katherine Maher said "we will vigorously defend our right to provide essential news, information and life-saving services to the American public." 

Congress authorized The Corporation for Public Broadcasting in 1967. Federal law states that it "will not be an agency or establishment of the United States Government" and that it has "maximum protection from extraneous interference and control."

Congress would have to amend the statute to change the provisions under which it operates or repeal the statute to eliminate the Corporation for Public Broadcasting, said Christine Corcos, a professor at LSU law school who teaches media law.

The Corporation for Public Broadcasting receives about $535 million a year from Congress.

Of that, according to NPR, about 70% is distributed directly to eligible local public radio and television stations. On average, the funding comprises 8% of a local public radio station's budget. 

Past efforts to defund NPR, PBS have not moved forward in Congress

Some Republican lawmakers have long targeted NPR and PBS funding, but bills in recent years have stalled. Bills filed Feb. 26 in the Senate and House to defund NPR have no cosponsors, and another bill to prohibit federal funding of the Corporation for Public Broadcasting has two cosponsors. Having so few cosponsors can be a sign that a bill will not move forward.

In March, a House subcommittee hearing featured testimony from NPR and PBS executives. Republicans accused the outlets of liberal bias while Democrats noted the role public broadcasting plays during emergencies, such as during the aftermath of 2024's Hurricane Helene in North Carolina.

The Corporation for Public Broadcasting had not filed a lawsuit challenging Trump's order as of May 6 but has previously sued the Trump administration:

• In March, the corporation sued after FEMA placed a hold on funds for the national emergency weather alert system. In April, FEMA lifted its 65-day hold, which corporation spokesperson Tracey Briggs said made the lawsuit moot.

• In April, the corporation sued after Trump terminated three of its board members. Although federal law says that the president appoints members to six year terms subject to Senate approval, the corporation's lawsuit argued that the law doesn't say the president can fire them. A hearing is set for May 14.

WLRN, the south Florida NPR station, and PBS News Hour are PolitiFact partners. The Corporation for Public Broadcasting funds a Poynter Institute fellowship that aims to strengthen the leadership and editorial excellence of public media station managers. Poynter owns PolitiFact.

Trump campaigned on a promise to cut off federal funding for NPR, one of 75 promises we are tracking on our MAGA-Meter. We will continue to track his progress on this promise but for now it rates In the Works.

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