The Corporation for Public Broadcasting has reinstated three board members ousted by the Trump administration, affirming its independence even as a federal judge declined to issue an emergency injunction in the case. The move underscores CPB’s position that it operates free from executive control and that the dismissals violated federal law and its nonprofit charter.
On June 8, U.S. District Court Judge Randolph Moss denied CPB’s request for a preliminary injunction that would have blocked the removal of Laura Ross, Thomas Rothman, and Diane Kaplan. The three were dismissed via email on April 28, a move that would have left only two active members on the CPB board. While the court did not grant the injunction, CPB emphasized that the ruling acknowledged Congress’s intent for the Corporation to function independently from presidential direction.
Judge Moss noted in his opinion that “Congress intended to preclude the President (or any subordinate officials acting at his direction) from directing, supervising, or controlling the Corporation.” He also confirmed CPB’s status as a private nonprofit governed under the D.C. Nonprofit Corporation Act, giving it authority to define its own board procedures through its bylaws.
In response, CPB President and CEO Patricia Harrison announced the formal reinstatement of Ross, Rothman, and Kaplan. “We are very pleased that the Court recognized CPB is an independent, nonprofit corporation, free from governmental control or influence,” Harrison said. “CPB, board and management, look forward to continuing our work to ensure accurate, unbiased, and nonpartisan public media is available for all Americans.”
CPB originally filed suit on April 30, arguing that the dismissals violated the Public Broadcasting Act and were politically motivated. While Judge Moss acknowledged CPB’s structure protects it from government interference, he ruled that CPB had not shown a likelihood of success on the merits or the kind of irreparable harm that would warrant injunctive relief. He noted that, at the time of the removals, CPB’s bylaws did not yet prohibit such actions.
Since then, the board has amended its bylaws to require a two-thirds vote of remaining members for any removal. Although Moss recognized the validity of this change, he said it could not be applied retroactively.
The case leaves unresolved whether a president has legal authority to remove CPB board members, a question likely to resurface in future litigation. CPB distributes over $500 million annually to public broadcasters nationwide.