National Public Radio, Inc., et al., v. Donald Trump, et al. (Amicus)

The ACLU of Colorado filed an amicus brief urging the U.S. District Court for the District of Columbia to block the enforcement of President Trump’s recent executive order targeting National Public Radio (NPR) and threatening local public radio stations.

The ACLU of Colorado, joined its partners the national American Civil Liberties Union and the ACLU of the District of Columbia, in filing an amicus brief urging the U.S. District Court for the District of Columbia to block the enforcement of President Trump’s executive order that sought to defund National Public Radio (NPR) and prohibit local member stations from licensing NPR’s programming.

The executive order, titled “Ending Taxpayer Subsidization of Biased Media,” directs the Corporation for Public Broadcasting and federal agencies to terminate all direct and indirect funding to NPR and PBS, prohibits local public broadcasters from using any federal funds they receive to license NPR or PBS programming, and threatens to defund local public broadcasters who continue to associate with the outlets. The executive order retaliates against the broadcasting organizations for their editorial and journalistic choices, in violation of the First Amendment. The order’s accompanying fact sheet and press release further attack NPR’s and PBS’s editorial decisions on public health, transgender rights, and political investigations — reinforcing that the order is fundamentally rooted in viewpoint discrimination against the outlets in violation of their First Amendment rights.

NPR, Colorado Public Radio, Roaring Fork Public Radio (d/b/a Aspen Public Radio), and KSUT Public Radio (founded by the Southern Ute Indian Tribe) filed suit challenging the executive order, National Public Radio, Inc., et al. v. Trump. The ACLU’s amicus brief supports the outlet’s motion for summary judgment, arguing that the executive order constitutes a flagrant violation of the First Amendment because it retaliates against speakers solely for their constitutionally protected speech, including the words they choose to use in coverage and what stories they choose to highlight. The brief also argues that the order unconstitutionally restricts federal funding. It emphasizes that while the government may allocate funds to promote its own speech, it cannot penalize independent media outlets for expressing views the President does not like, including by denying them access to subsidies appropriated by Congress to support independent, noncommercial programming on radio and television.

On March 31, 2026, the D.C. District Court issued an Opinion finding that the executive order violates the First Amendment rights of broadcasters by barring federal funding for the Plaintiffs. In striking down the order, the Court said, "[I]t is difficult to conceive of clearer evidence that a government action is targeted at viewpoints that the President does not like and seeks to squelch."

ACLU Urges Court to Block Unconstitutional Order Targeting NPR and PBS, June 20, 2025.

“Citing First Amendment, federal judge blocks Trump order to end funding for NPR and PBS,” The Associated Press, March 31, 2026.

“Trump’s Executive Order on NPR and PBS Is Unconstitutional, Judge Rules,” The New York Times, March 31, 2026.

“Federal judge finds Trump violated free speech by ordering NPR defunded,” NPR, March 31, 2026.

"Member stations, states, and organizations file friend-of-the-court briefings in support of public media," NPR, June 21, 2025