Radio Free Europe/Radio Liberty Sues Over Defunding Efforts

Radio Free Europe/Radio Liberty (RFE/RL), a news organization established by the United States to provide uncensored information to populations living under communist regimes during the Cold War, has initiated legal action against Kari Lake, the Trump administration, and the U.S. Agency for Global Media (USAGM) over attempts to halt its funding. The lawsuit, filed in a federal court in Washington D.C., alleges that the station has not received payment for a $7.5 million invoice submitted earlier this week. The core contention of the legal challenge is that the funding freeze directly contradicts Congress’s constitutional authority over the federal budget.

RFE/RL, like the USAGM, is primarily funded through government grants, with a small fraction, roughly 1%, derived from private donations and other sources. The lawsuit explicitly states that the USAGM does not have the discretion to withhold funds that have been specifically allocated by Congress. It argues that disbursing funds as dictated by appropriations laws, and making those funds available through grants as outlined in the International Broadcasting Act, is a legal obligation, not an optional choice for the agency. The lawsuit emphasizes the urgency of the situation, asserting that "Urgent relief is needed to compel the agency to follow the law."

The potential consequences of the funding freeze are dire, according to RFE/RL. The organization claims that if funding is not restored promptly, it will be forced to implement widespread layoffs, impacting employees who are crucial to delivering news coverage to 23 countries across Europe and Asia in 27 different languages. Stephen Capus, President and CEO of RFE/RL, issued a statement underscoring the strategic importance of the organization’s work. "This is not the time to cede terrain to the propaganda and censorship of America’s adversaries," he stated. "We believe the law is on our side and that the celebration of our demise by despots around the world is premature."

The lawsuit specifically names several individuals and entities as defendants, including the USAGM itself, Victor Morales, the acting CEO of the USAGM, and Kari Lake. Lake, a former television anchor in Arizona who later pursued political office, currently serves as a senior advisor to Morales. The timing of the lawsuit coincides with an executive order signed by former President Donald Trump, reportedly aimed at eliminating the USAGM altogether. This executive order intensified concerns about the future of RFE/RL and other media outlets under the USAGM umbrella.

The move to defund RFE/RL has triggered international concern. Leaders in Europe have voiced strong warnings that the organization would struggle to maintain its operations without the financial support traditionally provided by the United States. Jan Lipavsky, the Czech Foreign Minister, addressed fellow European Union ministers at a meeting in Brussels, urging them to explore options for ensuring the continuation of RFE/RL’s Prague-based service. Kaja Kallas, the EU foreign policy chief, characterized Radio Free Europe as "a beacon of democracy" and expressed disappointment with the U.S. decision to curtail its funding. She noted the difficult task of finding alternative sources of funding. The EU receives numerous requests from organizations seeking financial support, making it challenging to immediately "fill the void that U.S. is leaving."

RFE/RL’s historical significance is deeply rooted in the Cold War era. Radio Free Europe commenced broadcasting in 1950, targeting Poland, Czechoslovakia, Hungary, Romania, and Bulgaria – all nations then under Soviet influence. Radio Liberty followed suit in 1953, focusing its broadcasts on the Soviet Union itself. These radio stations served as invaluable sources of alternative news, providing citizens with information independent from the heavily censored and manipulated media controlled by the Soviet Union and its satellite states. They provided a crucial counterpoint to the propaganda and disinformation propagated by communist regimes, offering a window into the outside world and fostering a sense of hope for freedom and democracy. The lawsuit highlights the continued importance of RFE/RL in a world where disinformation and authoritarianism persist.

The legal battle underscores a larger debate about the role of the United States in promoting democracy and freedom of information abroad. Proponents of RFE/RL argue that it is a vital instrument for countering state-sponsored propaganda and supporting independent journalism in countries where media freedom is restricted. Opponents, on the other hand, may argue that the organization is an expensive relic of the Cold War, or that its activities constitute interference in the internal affairs of other countries.

The outcome of the lawsuit will likely have significant implications for the future of RFE/RL and the broader landscape of U.S. international broadcasting. A ruling in favor of RFE/RL would reaffirm Congress’s authority over the federal budget and ensure the organization’s continued operation. A ruling against RFE/RL, however, could lead to its significant downsizing or even its eventual closure, potentially weakening U.S. efforts to promote democracy and freedom of information in strategically important regions of the world. This legal challenge will be closely watched by policymakers, media organizations, and human rights advocates around the globe. The results may well shape the future of international broadcasting and the flow of information across borders.