Aspen Public Radio, Colorado Public Radio and KSUT Public Radio have joined NPR in a lawsuit against the Trump administration.
The lawsuit argues that President Trump's May 1 executive order, which threatens federal funding cuts to NPR and PBS, is unconstitutional, retaliatory, and that the president has no authority to issue these demands.
Steven D. Zansberg is the attorney representing the three Colorado radio stations.
Zansberg spoke with Halle Zander about the details of the case, why Aspen Public Radio is involved and what the station can expect next.
(This interview has been edited for length and clarity.)
Halle Zander: To start us off, can you briefly explain for our listeners the major claims in this lawsuit?
Steve Zansberg: The claims are (that) the executive order that President Trump signed on May 1, prohibiting cooperation from public broadcasting, from direct and indirect funding, both NPR and PBS, is unconstitutional.
There are other claims as well involving administrative procedure, and the president doesn't have the authority to enter such an order, etc. But the bottom line is it's a blatantly unconstitutional order that infringes on the First Amendment rights of both NPR and the three Colorado public radio stations that I'm representing.
Zander: If NPR and Aspen Public Radio, CPR and KSUT win this lawsuit, what concrete impact would it have in policy or practice?
Zansberg: The relief that the lawsuit seeks is to have a court enjoin, prohibit this executive order from being implemented.
The First Amendment rights of the plaintiffs, including Aspen Public Radio, Colorado Public Radio and KSUT Public Radio would not be infringed, and they're being prohibited from using funds purchasing NPR National Programming, like Morning Edition and All Things Considered.
The status quo would be maintained that the listeners will not be deprived of national programming from NPR.
Zander: There are only three local stations involved in this lawsuit. First, why keep it small?
Zansberg: The reason why only three Colorado stations were selected or chosen, invited to participate in this was because it's easier obviously to have a smaller group than a large, unwieldy group.
The three stations — all headquartered in Colorado — really represent a vast diversity. They essentially stand for the entire network of stations, and they represent rural, mountain, and urban communities throughout the state of Colorado. In that way, they're a very good stand-in, if you will, a microcosm of the network as a whole.
Zander: Is Aspen's range specifically why we were invited to participate in this? Or does it have something else to do with the nature of our service?
Zansberg: No, I think Aspen Public Radio is, I don't want to say unique, but it does represent other stations throughout the NPR network. It does service a wide variety of communities. It is mountain-based, but has an extremely diverse set of communities in its listenership.
NPR and its council decided that they would approach a small set of member stations. The reason Aspen Public Radio was asked if it was willing to participate in this is because of its distinct and unique set of programming and the communities it serves.
Zander: What exposure do the small stations involved, like Aspen Public Radio, have when it comes to retaliation from this lawsuit? Do you see this putting a bigger target on our backs?
Zansberg: There obviously will be a vigorous defense of the executive order.
Outside of the lawsuit, yes, we have seen this administration take multiple steps to target and retaliate against those who are brave enough to stand up and challenge unconstitutional orders such as this, whether it be Harvard University or law firms.
So I would not put it beyond the pale to suggest that the three member stations I'm representing may similarly face additional retaliation.
Recall that this executive order is itself blatantly retaliatory — unvarnished and naked. So beyond the executive order itself, I don't think it's beyond the realm that there will be additional steps taken.
Editor's Note: In an email following this interview on Tuesday, May 27, Zansberg said he does not anticipate any other NPR member stations will be added to the lawsuit as co-plaintiffs. He also said the fact that these NPR-member stations are all based in Colorado made the lawsuit easier to file — one counsel representing all three stations.
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