Court Temporarily Blocks USAGM's Funding Termination of Radio Free Europe/Radio Liberty
In a significant legal victory for Radio Free Europe/Radio Liberty (RFERL), a U.S. District Court in Washington D.C. has granted a temporary restraining order (TRO) against the U.S. Agency for Global Media (USAGM), halting the termination of RFERL's federally allocated funding. The ruling, issued on March 25, indicated that USAGM likely acted without just cause in cutting RFERL's grant, which could inflict irreparable damage on the broadcaster if the funding were to cease immediately.
According to Judge Royce Lamberth, the decision to issue the TRO was crucial to prevent the broadcaster's closure while legal proceedings unfold. Judge Lamberth emphasized that RFERL had shown a reasonable chance of success in winning the case, arguing that allowing USAGM's actions to proceed would be harmful not just to the broadcaster but also against public interest. "The leadership of USAGM cannot, with one sentence of reasoning, offering virtually no explanation, force RFERL to shut down, even if the President has told them to do so," he wrote in the 10-page ruling.
The next step in the judicial process involves a preliminary injunction request from RFERL to compel USAGM to release around $77 million earmarked by Congress for the broadcaster's operations until the end of the fiscal year in September 2025. A decision on this motion is anticipated in the coming weeks.
The move to terminate RFERL's funding has garnered international backlash, with media watchdogs, analysts, and supporters rallying around the broadcaster, which serves audiences in 27 languages across 23 countries. Judge Lamberth acknowledged the government's historical commitment to RFERL since 1950 as a trusted source of news amidst widespread propaganda in various authoritarian regimes.
RFERL President and CEO Stephen Capus expressed gratitude for the ruling, viewing it as an affirmation that denying congressionally approved funding would be unconstitutional. "This ruling further sends a strong message to our journalists around the world. Their mission, as designed by Congress, is a worthy and valuable one and should continue," Capus stated.
The troubles for RFERL began shortly after an executive order was signed by former President Donald Trump, which aimed to reduce the size of several agencies, including USAGM. The termination, communicated via a letter from Kari Lake, who holds the title of Senior Advisor to the Acting CEO of USAGM, stated that RFERL no longer aligned with the agency's priorities, a justification that was deemed insufficient by Judge Lamberth during the court hearing.
During the proceedings, USAGM's representatives clarified that they had initiated steps to facilitate a disbursement of $746 million in funds that RFERL was seeking. However, criticisms arose regarding the agency's demand that RFERL utilize those funds for settling liabilities rather than ongoing operations, rendering the funding effectively useless for its intended purpose.
Prominent figures in the global media landscape have expressed grave concerns regarding the potential closure of RFERL. Jiri Pehe, a political analyst from Prague, warned that if RFERL ceases operations, many people in the regions it serves would lose access to essential, alternative news sources. Pehe, who played a role in transitioning RFERL to Prague after the fall of communism, noted the symbolic implications of RFERL's possible closure. "It would show that the United States, which has historically championed the values of democracy, is no longer invested in promoting these principles in countries where freedom is under siege," he said.
In light of RFERL's uncertain future, EU politicians are reportedly exploring options to support the broadcaster, signifying an international recognition of its crucial role in countering disinformation in oppressive regimes. As the U.S. Agency for Global Media navigates its internal challenges and leadership changes, the fate of RFERL remains a focal point in the conversation about democracy and information freedom on a global stage.
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