A US court is today (March 24) considering a lawsuit filed by Radio Free Europe/Radio Liberty against the US Agency for Global Media (USAGM) "to avoid irreparable harm" due to the withholding of funds approved by Congress. USAGM had previously ruled to terminate RFE/RL's federal subsidy.
The hearing began at 14 p.m. local time in the District Court for the District of Columbia.
RFE/RL is asking USAGM, which oversees media outlets such as Radio Free Europe and Voice of America (VOA), to release $7,5 million covering the period from March 1 to March 15, when USAGM said funding previously secured by Congress was cut.
The lawsuit claims that denying access to funds authorized by Congress is a violation of the law and the U.S. Constitution, which gives Congress ultimate authority over federal appropriations.
They are also asking the court to issue a temporary injunction to free up funds for March and limit the damage to RFE/RL.
RFE/RL is also seeking the remainder of the grant funds that are earmarked for the entire 2025 budget year, which runs through September 30. A preliminary hearing on that remaining amount is scheduled for mid-April.
"Terminating contracts with freelance journalists and putting employees on hold would significantly hinder our ability to report uncensored news in the 23 countries in which we broadcast," RFE/RL President Steven Kapus said in a court filing, highlighting the impact the funding cuts have had on RFE/RL.
RFE/RL's lawsuit further states: "The court should grant the modest temporary injunction sought by RFE/RL to avoid irreparable harm before the preliminary injunction action can be considered."
USAGM said in its brief that the District Court is the wrong venue for this case and that Congress has "given USAGM leeway in its oversight of its users; even if this court had jurisdiction to issue an order quashing USAGM's court action, it would not be in the public interest to do so."
"A ray of light" through a mountain of lies
The threat of cutting off funding sparked a wave of public support in the 23 countries where Radio Free Europe broadcasts.
From Iran to Belarus, Afghanistan, Russia, to Pakistan and Ukraine: readers and listeners praise Radio Free Europe's journalists for their courageous, impartial and honest reporting from the front lines, but also from some of the most politically and media-repressive environments in the world. They also express concern that the medium could disappear.
"Sometimes you were like a ray of light breaking through a mountain of lies," wrote Oleh Prozorov, a reader from Ukraine, on Facebook. He also thanked RFE/RL's Ukrainian Service for "protecting political freedoms."
The order to cut funding came hours after an executive order signed by US President Donald Trump called for cuts to seven agencies, including USAGM, "to the maximum extent permitted by law."
RFE/RL's funding was cut in a letter signed by Kari Lake, who signed as Senior Advisor (USAGM) to the Acting Director General with the authority delegated to her by the Acting Director General. The letter provided no further explanation other than that it no longer "affects the agency's priorities."
Trump's conflict with USAGM
Trump has nominated Lake to take over leadership of Voice of America, although her nomination still needs to be approved by the International Broadcasting Advisory Board (IBAB).
The US administration removed members of the IBAB, a consultative body established by Congress to oversee USAGM activities, in January. They have not yet been replaced.
While USAGM and Voice of America are federal agencies, RFE/RL is a private, nonprofit corporation incorporated in the U.S. state of Delaware. Although funded by Congress through grants, RFE/RL employees are not federal government employees.
Trump, who has taken several moves to reduce government spending since taking office in January, clashed with USAGM during his first term over editorial independence and programming direction.
Since taking office again, he has reiterated that concern. Advocates of these media outlets say they are an important part of American diplomacy.
"It is critical that Congress protect USAGM, ensure the safety of journalists, and reaffirm the U.S. government's commitment to a free and independent media at home and abroad," 28 journalism and press freedom organizations from around the world wrote in a letter to U.S. lawmakers on March 19.
Will the EU intervene?
In a situation of uncertain future, European Union politicians are considering the possibility of providing support to Radio Free Europe.
USAGM is an independent U.S. government agency that oversees the broadcasting of news and information in nearly 50 languages to approximately 361 million people each week.
The total budget request for USAGM for fiscal year 2025 was $950 million to fund all of its operations and capital investments.
These include media outlets such as RFE/RL, Voice of America, Radio Free Asia, the Cuban Broadcasting Office (Radio Marti), the Middle East Media Networks (MBN), and the Open Technology Fund.
According to USAGM documents, the 2025 budget request for Radio Free Europe was about $153 million.
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