US Court Set To Hear Radio Free Europe Case Against USAGM Over 'Harmful' Cuts

WASHINGTON, D.C. -- A hearing is set to take place in a US court on March 24 in the lawsuit filed by Radio Free Europe/Radio Liberty against the US Agency for Global Media (USAGM) “to avoid irreparable harm” to the broadcaster over the withholding of its Congress-approved grant as part of the agency’s efforts to terminate RFE/RL’s funding.

The US District Court for the District of Columbia will hear arguments from both sides in the case starting at 2 p.m. local time.

RFE/RL is demanding that the USAGM, which supervises US government-backed broadcasters such as RFE/RL and Voice of America (VOA), release $7.5 million to RFE/RL that covers the period from March 1 to March 15, the day the USAGM said funding from the Congress-approved grant for RFE/RL had been terminated.

The lawsuit argues that denying access to funds appropriated by Congress for RFE/RL violates federal laws and the US Constitution, which gives Congress the ultimate authority over federal spending. It also asks the court to grant a temporary restraining order (TRO) to release the March funds to limit damaging the broadcaster.

RFE/RL's legal moves also seek the remainder of the grant funds due for the full 2025 budget year, which ends on September 30. A preliminary injunction hearing is scheduled for mid-April for that balance.

“Terminating our freelance contracts and furloughing our employees will significantly impede our ability to deliver uncensored news in the 23 countries we serve,” RFE/RL President and CEO Stephen Capus said in a filing to the court outlining the impact the withholding of funds has had on the company.

RFE/RL's court filing adds: “The Court should grant the modest TRO that RFE/RL has requested to avoid irreparable harm before the preliminary injunction motion can even be heard.”

The USAGM said in its filing that the District Court is the wrong venue for the case and that Congress had imbued USAGM “with broad discretion to oversee its grantees; even if this Court had jurisdiction to grant the Plaintiff’s request to override USAGM’s judgment, it would not be in the public interest to do so.”

'A Ray Of Light' Through 'The Darkness Of Lies'

The threat to the broadcaster’s funding has sparked a wave of support from the audiences in the 27 languages and 23 countries it broadcasts in.

From Iran to Belarus, Afghanistan to Russia, Pakistan to Ukraine: Readers and listeners praised RFE/RL journalists for their brave, impartial, and honest reporting on the front lines of war and in some of the world’s most repressive political and media landscapes -- and expressed concern that it could vanish.

“Sometimes you were like a ray of light that broke through the darkness of lies,” Oleh Prozorov, a reader from Ukraine, wrote on Facebook while thanking RFE/RL’s Ukrainian Service for its “protection of political freedoms.”

The directive to terminate funding came hours after an executive order signed by US President Donald Trump called for the reduction of seven agencies -- including the USAGM -- to “the maximum extent consistent with applicable law.”

RFE/RL’s grant was terminated in a letter, which was signed by Kari Lake, who listed her title as senior adviser to the (USAGM) acting CEO with authorities delegated by the acting CEO. The letter stated that “the award no longer effectuates agency priorities.” It gave no further explanation.

Trump's Clashes With USAGM

Lake has been nominated by Trump to take over as head of Voice of America, though her nomination must still be approved by the International Broadcasting Advisory Board (IBAB).

The members of the IBAB, an consultancy body established by Congress to oversee the activities of the USAGM, were removed from their positions by the US administration in January and have not been replaced.

While USAGM and Voice of America are federal agencies, RFE/RL is a private, nonprofit corporation, chartered in the U.S. state of Delaware. Though funded by Congress through grants, RFE/RL staff are not U.S. federal government employees.

Trump, who has taken several moves to slash government spending since taking office for a second term in January, clashed with the USAGM over editorial independence and the direction of programming during his first term.

He has reiterated those concerns since retaking office. Supporters of the broadcasters say they are an important arm of US diplomacy.

“It is vital that Congress protect USAGM, ensure the safety of its affiliate journalists, and reaffirm the US government’s commitment to a free and independent media at home and abroad,” a group of 28 press freedom and journalist groups from around the world wrote in a letter to US lawmakers on March 19.

Will The EU Step Up?

With the future of RFE/RL uncertain, European Union politicians have been looking into the possibility of supporting the broadcaster.

The USAGM is an independent US government agency that oversees the broadcasting of news and information in more than 60 languages to over 400 million people each week.

The total budget request for the USAGM for fiscal year 2025 was $950 million to fund all of its operations and capital investments.

This includes media outlets such as RFE/RL, Voice of America, Radio Free Asia, the Office of Cuba Broadcasting (Radio Marti), Middle East Broadcasting Networks (MBN), and the Open Technology Fund.

The 2025 budget request for RFE/RL itself was about $153 million, according to USAGM documents.