Administration Cannot Withhold Funds or Dismantle Critical Independent News Source.

Washington, DC — In a major victory for press freedom and the rule of law, a federal court today granted a preliminary injunction that stops the Trump administration’s unlawful defunding of Radio Free Asia (RFA) and Middle East Broadcasting Networks (MBN), vital sources of independent journalism across Asia, the Middle East, and Northern Africa. The decision comes after Democracy Forward and Munger, Tolles & Olson LLP filed suit and sought immediate court intervention to block the U.S. Agency for Global Media’s (USAGM) illegal termination of RFA and MBN funding.

The court’s ruling ensures that USAGM cannot withhold the funds that Congress specifically appropriated for RFA and MBN while the lawsuit continues. As a result of USAGM’s actions, RFA and MBN—which together reaches more than 90 million people weekly in countries like Syria, Yemen, Libya, China, North Korea, and Myanmar—were on the brink of shutting down completely. Today’s decision helps ensure RFA and MBN can continue providing uncensored, independent reporting to some of the world’s most oppressed communities.

In March, USAGM froze RFA’s funding and terminated its grant, defying Congress’s clear directive that the funds Congress appropriated “shall be allocated” to RFA. The sudden move forced RFA to furlough 75 percent of its U.S.-based staff and suspend over 90 percent of its freelance journalists. Today’s injunction prevents further harm and protects RFA’s ability to fulfill its congressionally mandated mission.

Similarly, earlier this month, USAGM terminated MBN’s funding, stating that MBN’s grant “no longer effectuates agency priorities,” despite Congress’s clear directive and statutory requirement to fund MBN’s work. For over two decades, MBN has provided millions of people in the Middle East and Northern Africa with accurate, independent reporting in environments where press freedom is limited or nonexistent. The loss in funding forced MBN to terminate more than 90 percent of its staff.

“We welcome today’s decision,” said MBN president/CEO Jeffrey Gedmin, who called for the immediate restoration of Congressionally approved funds. “We have a mission, a Congressional mandate, an obligation to the American taxpayer, and a responsibility to millions of people in our region,” Gedmin added; “let’s get fully back to work without further delay.”

“This ruling is a major victory for independent journalism, for the rule of law, and for the millions of people who rely on uncensored news from Radio Free Asia and Middle East Broadcasting Networks,” said Robin Thurston, Legal Director at Democracy Forward. “The court has made clear that the executive branch cannot simply ignore Congress and silence critical voices abroad.”

The lawsuits claim that the administration’s actions violated the U.S. Constitution and federal law, and dangerously compromised the safety and work of journalists operating in some of the most hostile environments in the world for independent journalism.

The court’s order granting the preliminary injunction can be found here.

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