The Corporation for Public Broadcasting asked a federal judge to reject NPR’s bid for a preliminary injunction and summary judgment, calling the network’s claims “an over-caffeinated conspiracy theory” at odds with the record. In an October 27 opposition brief, CPB argued there is no evidence it retaliated against NPR or acted at the behest of President Donald Trump, noting CPB does not review or approve program content and therefore held no view on NPR’s speech.
CPB said NPR’s First Amendment and statutory theories conflict with congressional intent. The brief asserts NPR has no entitlement to appropriated funds under the Public Broadcasting Act or the relevant appropriations, and “doesn’t even have a contract with CPB that would entitle it to interconnection funds.”
According to CPB, the dispute traces to longstanding concerns over NPR’s control of the Public Radio Satellite System and resistance to governance reforms aimed at broader participation. CPB said it invited NPR to negotiate a new grant that would shift interconnection management to an independent structure, but NPR declined. CPB then formed a working group of stations and public media organizations, including NPR appointees, to design a competitive process for future funding.
After Deloitte evaluated proposals, CPB selected Public Media Infrastructure, a coalition including PRX, American Public Media Group, New York Public Radio, the National Federation of Community Broadcasters, and the Station Resource Group. CPB said Deloitte found PMI’s bid superior to NPR’s in numerous respects. CPB wrote that NPR claimed political interference only after losing the award.
The filing rejects any suggestion CPB bowed to White House pressure, stating it “openly defied” the administration by continuing payments to NPR and PBS after a May executive order and by filing two lawsuits against the administration in separate matters. CPB contends NPR’s requested injunction would violate separation of powers by directing a court to allocate appropriations to a private party that Congress did not designate to manage those funds.
CPB also argues the Public Broadcasting Act provides no private right of action for NPR’s claims and that the statute NPR cites applies only to a Satellite Interconnection Fund not funded in the current appropriations. CPB says NPR cannot show irreparable harm, pointing to NPR’s own public statements that the disputed money will still support the public radio system.
The motion remains pending before Judge Randolph D. Moss in the US District Court for the District of Columbia.