Judge Sides With Public Broadcasting Over Trump

The Corporation for Public Broadcasting (CPB) successfully resisted a motion from the Trump administration to remove three board members, a move that could have significantly altered the governance of public media in the United States. U.S. District Judge Randolph Moss delivered a pivotal ruling, stating that the CPB had not met the necessary legal threshold for a preliminary injunction to prevent President Donald Trump from dismissing board members Tom Rothman, Laura Ross and Diane Kaplan. However, the implications of Moss’s decision resonate deeply within the context of media independence and governmental influence.

The Trump Decision

Moss emphasized that Trump would not have the authority to reshape the board unilaterally. His ruling was clear: “The president is not free to remove directors and then unilaterally appoint their replacements, thereby using his power to remove as an effective tool for altering Board policy.” This statement underscores the essential checks and balances that are critical in maintaining the integrity of public broadcasting. Responding to the ruling, CPB president and CEO Patricia Harrison expressed satisfaction, asserting that the court recognized the CPB’s role as an independent, non-profit corporation, shielded from governmental control or influence: “CPB, board and management, looks forward to continuing our work with policymakers and other stakeholders to ensure accurate, unbiased and non-partisan public media is available for all Americans,” she said.

Trump vs CPB

The conflict dates back to April when the CPB filed a lawsuit against the Trump administration after its board members received notices of their impending removal. Central to the CPB’s legal argument is the Public Broadcasting Act, which prohibits any U.S. agency or official from exerting control over the corporation. This clause reinforces the CPB’s stance on its independence, underscoring a broader fight for journalistic integrity in a politically charged environment.

Follow Up

During a court hearing last month, Judge Moss suggested that the CPB could amend its bylaws to enhance protections against executive encroachment. The CPB took that advice, enacting new bylaws that would require a two-thirds vote from the board to remove a director. This move not only fortifies their defense but also affirms their commitment to preserving the autonomy of public broadcasting. The amendment reads, “No Director may be removed from the Board by any person or authority, including the President of the United States, without a two-thirds vote of the other Directors confirming such removal.” This robust provision serves as a bulwark for the board against potential political maneuvers, suggesting that the public media landscape might still thrive independently.

Federal Funding

Perhaps more urgent for public media advocates is a pending congressional vote on whether the $535 million in annual federal funding to public broadcasting should be clawed back. The White House sent a package to Capitol Hill last week to rescind funding for CPB in fiscal years 2026 and 2027. The corporation gets an advanced appropriation from Congress, so the money for those years has already been allocated.

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