Ending Taxpayer Subsidization Of Biased Media

TLDR

This executive order directs the Corporation for Public Broadcasting and federal agencies to cease funding NPR and PBS, claiming they provide biased coverage and government funding is “outdated and unnecessary” given today’s media landscape. The order faces significant legal challenges as the President lacks unilateral authority to cut CPB funding, which is congressionally appropriated. CPB is statutorily insulated from executive control, and both NPR and PBS receive limited federal funding (10-15% for stations, 1% for NPR directly).

This executive order instructs the Corporation for Public Broadcasting (CPB) and all federal agencies to cease both direct and indirect federal funding for National Public Radio (NPR) and the Public Broadcasting Service (PBS). The order argues that, given the current abundance of diverse media options, government funding for public broadcasters is “outdated and unnecessary” and undermines the appearance of journalistic independence. The order claims that NPR and PBS do not provide fair, accurate, or unbiased news coverage, and thus federal support should end.

Key directives include:

• The CPB must stop direct funding to NPR and PBS and cancel existing funding to the fullest extent allowed by law.
• The CPB must also prevent indirect funding, ensuring local public radio and TV stations and other CPB fund recipients do not use federal funds for NPR or PBS programming.
• The CPB is required to revise its 2025 grant eligibility criteria to enforce these funding prohibitions by June 30, 2025.
• All federal agencies must identify and terminate any direct or indirect funding to NPR and PBS, and review existing grants and contracts for compliance.
• The Secretary of Health and Human Services is instructed to investigate compliance with anti-discrimination statutes by NPR and PBS.
• The order includes standard provisions on severability and legal effect.

There are numerous factually incorrect assumptions and claims that require attention.

The executive order’s most significant legal vulnerability is that the President does not have unilateral authority to cut off CPB funding for NPR and PBS. The CPB is a private, nonprofit corporation established by Congress, which directly appropriates its funding. By law, the CPB is insulated from executive branch control; Congress explicitly forbade any federal agency or official from exercising “any direction, supervision, or control” over the CPB or its grantees. As CPB President Patricia Harrison emphasized, “CPB is not a federal executive agency subject to the President’s authority”.

Federal funding for the CPB-and, by extension, for NPR and PBS-comes from congressional appropriations. The President can propose budget cuts or instruct agencies to the extent permitted by law, but cannot unilaterally cancel appropriated funds or override congressional intent. Any attempt to block or redirect funds already appropriated by Congress is likely to face legal challenges and could be blocked by the courts.

The order’s implementation is limited to “the maximum extent allowed by law,” acknowledging that statutory and appropriations law may restrict its effect. The CPB and public broadcasters have indicated they will challenge the order’s legality, arguing it violates both statutory protections and First Amendment principles of non-interference in editorial content. Even if the CPB were to attempt compliance, local stations and NPR/PBS themselves receive only a portion of their funding from federal sources (about 10–15% for local stations; NPR itself receives only about 1% directly from the CPB), so the order would not eliminate their operations.

The order accuses NPR and PBS of failing to provide unbiased news coverage, but offers no specific evidence or independent assessment to substantiate this claim. Both organizations maintain editorial independence and have publicly defended their commitment to journalistic standards. NPR President Katherine Maher and PBS President Paula Kerger have both testified to the importance of editorial independence and local service, especially in rural areas where public broadcasters may be the only source of local news and educational programming.

If the order were to withstand legal scrutiny and Congress agreed to defund the CPB or enforce the order’s provisions, local stations could lose millions in annual funding, potentially affecting rural and underserved communities most severely. However, NPR and PBS also rely on private donations, foundation grants, and other non-federal sources, so they are unlikely to cease operations entirely.

This executive order to end federal funding for NPR and PBS is a significant political statement but faces substantial legal and practical barriers to full implementation. The President cannot unilaterally defund the CPB or dictate its grant-making; Congress holds the ultimate authority over federal appropriations, and the CPB’s statutory independence is well established. The order is likely to be challenged in court and may have limited immediate effect, especially if Congress does not act to change the law or appropriations. The claims of bias are not independently substantiated in the order, and both NPR and PBS have publicly defended their editorial standards and public service mission.