The lawsuit, filed Tuesday, argues that Trump’s order, which explicitly targets NPR and PBS as “biased media,” is a clear case of retaliation and viewpoint discrimination. NPR’s legal team points to a statement by justice scalia,calling the action a blatant constitutional violation.

While Republicans have long sought to defund public media, these efforts have historically failed due to widespread public support for NPR and PBS. Trump’s executive order bypassed Congress, directly cutting funding based on his perception of unfair coverage.

The lawsuit highlights that federal funding primarily supports local public media affiliates, which then use these funds to acquire programming from NPR and PBS. NPR’s legal challenge asserts that Trump’s actions violate the First Amendment, separation of powers, and due process.

“This wolf comes as a wolf.”

The suit quotes a recent Supreme Court case, Moody v. NetChoice, LLC, which affirmed that the government cannot dictate the “right balance of private expression” or attempt to “un-bias” perceived bias.

The lawsuit argues that Trump’s governance made no attempt to conceal the retaliatory intent behind the executive order. The order and accompanying materials openly criticize NPR’s editorial decisions.

According to the lawsuit, “On may 1, 2025, President Trump issued executive order 14290, entitled “Ending Taxpayer Subsidization of Biased Media” (the Order), 90 Fed. Reg.19415,which contradicts these statutory precepts and violates the Constitution.” The order aims to withhold federal funding from NPR and PBS, and prevent local stations from using federal grants to acquire NPR or PBS programming.

The lawsuit further states, “The Order targets NPR and PBS expressly because, in the President’s view, their news and other content is not “fair, accurate, or unbiased.” Order § 1. And the “Fact sheet” and press release accompanying the Order, which echo prior statements by President Trump and members of his Administration, only drive home the Order’s overt retaliatory purpose. They deride NPR’s content as “left-wing propaganda,” and underline the President’s antipathy toward NPR’s news coverage and it’s editorial choices.”

while PBS has not joined the lawsuit,NPR reports that PBS is considering legal action. According to NPR, “PBS is considering every option, including taking legal action, to allow our institution to continue to provide essential programming and services to member stations and all Americans.”

The case has been assigned to Judge Randolph Moss, who is also overseeing a similar lawsuit filed by the corporation for Public Broadcasting (CPB) against trump regarding the attempted removal of board members.

While debates exist regarding federal funding for media, the lawsuit asserts that such decisions must be made by Congress, not based on presidential grievances or viewpoint discrimination. The lawsuit claims that Trump’s actions violate the separation of powers and constitute retaliation against media, possibly setting a risky precedent.

NPR’s lawsuit seeks to uphold the Constitution and prevent what it sees as an overreach of executive power. The outcome hinges on the courts’ willingness to enforce constitutional principles, even when politically challenging.