U.S. District Judge Randolph D. Moss heard oral arguments on Thursday regarding the federal lawsuit National Public Radio, Inc. v. Trump.
The lawsuit, filed in May, claims that President Trump's executive order issued earlier that month infringes on the First Amendment rights of NPR and its member stations. The judge's decision will have direct financial implications for the public media system.
KSUT Public Radio, Aspen Public Radio, and Colorado Public Radio signed on as co-plaintiffs alongside NPR and have been represented by Steve Zansberg, a Colorado-based First Amendment attorney.
Judge Moss heard from both sides of the case for two hours, according to Zansberg.
"I think our side argued very persuasively that this is a blatantly unconstitutional order that is on its face evidence of retaliatory discrimination against NPR as a result of the president's displeasure with its editorial content," Zansberg said in a phone call following the hearing.
The executive order directs federal agencies to stop providing funding to NPR and instructs public radio stations to cease spending federal funds on NPR programs.
Since then, Congress rescinded funding it previously allocated to public media, leading to the dissolution of the Corporation for Public Broadcasting. Despite public media stations losing their most significant source of federal funding, Zansberg said the lawsuit remains relevant.
"All three stations have funds in their hands obtained from CPB right now to which the order applies — prohibits them from acquiring and broadcasting NPR programming," Zansberg said. "That's aside from all of the other ways in which the chilling effect of this order impacts the free speech rights of the three Colorado NPR stations."
KSUT executive director Tami Graham, in a separate statement, said, "The First Amendment, including freedom of the press, is absolutely foundational to a functional democracy. KSUT is proud to have taken a stand against the overt overreach of this administration, on behalf of public media everywhere."
In a supplemental declaration filed Tuesday, Breeze Richardson, executive director of Aspen Public Radio, identified several ways in which the executive order still applies to her station.
"Aspen Public Radio has used portions of its federal funding from CPB to pay for NPR membership fees, including a portion of a final payment from CPB of $12,658 that Aspen Public Radio received in September 2025," Richardson said. "The executive order continues to create uncertainty about the consequences Aspen Public Radio may face as a result."
In justifying the executive order, the Trump administration claimed NPR was "biased," which plaintiffs argue amounts to viewpoint-based discrimination.
Attorneys for the Trump administration filed a response Thursday arguing that "any harm that Plaintiffs suffer is a result of their own actions to surrender control over those editorial choices."
They added that the executive order does not outline exactly how federal agencies could control a station's programming, nor does it threaten enough harm to "justify a change in Plaintiffs' programming."
Judge Moss did not provide a timeframe for when he would issue a ruling, but Zansberg does not expect to see a decision before 2026.
In a text message following the hearing, Richardson said she would continue showing up to defend the independent press.
"When the government tries to decide what news can or can't be broadcast, every American should be concerned."
Editor's Note: KSUT, Aspen Public Radio, and Colorado Public Radio report on themselves like any other organization. No administrative staff reviewed this story before publication.
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