Federal Court delivers victory for press freedom and the First Amendment in NPR’s challenge to Executive Order

U.S. District Judge Randolph Moss ruled that the key provision of Executive Order 14290, which was issued by President Donald J. Trump in May 2025, is unconstitutional, delivering a resounding victory for the First Amendment, editorial independence, and public media.

In his decision, Judge Moss determined that the Order violated the First Amendment, holding that the key provision of the Executive Order was unconstitutional. The ruling permanently enjoined the government from implementing or enforcing it in the future. Although this decision does not restore lost federal funding, it does provide Congress a pathway to resume public media funding in the future.

“Today’s ruling is a decisive affirmation of the rights of a free and independent press — and a win for NPR, our network of stations, and our tens of millions of listeners nationwide,” said Katherine Maher, President & CEO, NPR. “The court made clear that the government cannot use funding as a lever to influence or penalize the press, whether as a national news service or a local newsroom. Public media exists to serve the public interest — that of Americans — not that of any political agenda or elected official. NPR and our Member organizations will continue delivering independent, fact-based, high-quality reporting to communities across the United States, regardless of the administration of the day.”

On May 27, 2025, NPR, Aspen Public Radio, Colorado Public Radio, and KSUT Public Radio filed a lawsuit challenging President Donald Trump’s Executive Order, which ceased all federal funding to NPR and PBS. In the filing, NPR and its Member organizations argued Executive Order 14290 infringed on the independence of every public radio station in America and set a dangerous precedent that could chill rigorous journalism across all media. The case continued despite Congress’s decision to claw back $1.1 billion in previously-approved federal funding to public media in July 2025, and was later combined with a similar lawsuit brought by PBS. NPR was represented by its internal legal team, with external counsel from Gibson, Dunn & Crutcher.

“Today’s ruling is a significant victory for the First Amendment and for freedom of the press,” Theodore Boutrous, NPR’s counsel and Partner, Gibson, Dunn & Crutcher LLP. “The district court’s decision bars the government from enforcing its unconstitutional Executive Order targeting NPR and PBS because the President dislikes their news reporting and other programming. As the court expressly recognized, the First Amendment draws a line, which the government may not cross, at efforts to use government power — including the power of the purse — ’to punish or suppress disfavored expression’ by others. The Executive Order crossed that line.”

The ruling represents a victory for press freedom in America. Judge Moss’s decision makes clear that viewpoint-based retaliation against news organizations violates the Constitution’s most fundamental protections. This case affirms a vital principle: the Constitution does not permit the executive branch to punish media organizations for their coverage by barring them from federal funding. This principle protects the independence of journalism and public media, and it safeguards the public’s right to receive news and information without government censorship.

However this ruling does not reinstate the federal funding that was clawed back by Congress in a July 2025 rescission vote, and does not award any additional funding to NPR or public media stations. The rescission of federal appropriations for public media remains in effect, and continues to be a significant challenge to public media organizations across the country. Listener donations are as essential as ever to ensuring continued station operations.

Millions of Americans who rely on NPR and local public radio stations deserve news and information free from government interference. Public radio should be able to operate with the confidence that any federal support for public media comes without conditions on editorial content.

NPR will continue to fulfill its mission: to work in partnership with Member organizations to create a more informed public — one challenged and invigorated by a deeper understanding and appreciation of events, ideas, and cultures. Today’s ruling ensures we can pursue that mission with the editorial independence that the Constitution protects.