The measure, he said, "does not define or regulate the content of government speech or ensure compliance with a federal program. Nor does it set neutral and germane criteria that apply to all applicants for a federal grant program. Instead, it singles out two speakers and, on the basis of their speech, bars them from all federally funded programs."
Moss found that for as long as Mr. Trump's order is in effect, NPR and PBS cannot be considered for grants that they would otherwise be eligible for based only on the president's dislike of their coverage, and wrote that the president's directive seeks to punish the two outlets for their past speech.
"It is difficult to conceive of clearer evidence that a government action is targeted at viewpoints that the President does not like and seeks to squelch," he wrote. "The Executive Order seeks to exclude NPR and PBS from receiving federal grants or other funding because they have provided more positive coverage of his political opponents than of his party and allies, because their news coverage, in his view, tips left, and because they were critical of him."
The judge added that "there can be no doubt" that Mr. Trump's measure targets NPR and PBS because he believes their coverage is unfavorable to him and the Republican Party.
"To be sure, the President is entitled to criticize this or any other reporting, and he can express his own views as he sees fit," Moss wrote. "He may not, however, use his governmental power to direct federal agencies to exclude Plaintiffs from receiving federal grants or other funding in retaliation for saying things that he does not like."