A federal judge in New York on Friday, October 30, ordered the Trump administration to take down three government-produced ads from official websites and social media accounts, finding they were likely "purely partisan" and probably broke a federal ban on spending public money on propaganda.
Judge Jennifer L. Rochon, who sits in Manhattan, identified the spots as "Cost of Socialism," "$5,000 to Americans" and "Every Democrat Voted Against No Tax on Tips," Newsweek reported. Her order covers official government pages, including YouTube and Instagram, and also blocks plans to run them through outside groups the government authorized, including the president's super PAC, MAGA Inc., PBS News reported.
The law behind it
The ruling rests on Section 718 of the annual appropriations law for financial services and general government, a long standing rider that forbids spending federal money on publicity or propaganda, Newsweek reported. The challengers, a coalition led by Common Cause and represented by Democracy Forward, argue that Congress never funded the president's office to promote his allies and attack his opponents. They say the ads, unlike past public service announcements, do not help people use any government program.
A government lawyer countered in writing that the videos explain the president's policies and answer criticism of them, PBS reported, and federal auditors have long said a president's office may do that.
Our scorecard: what the judge did and did not do
The coalition asked the court to order at least 13 ads removed, PBS reported. Rochon ordered 3. By our arithmetic, that is no more than 23 percent of what the challengers sought, and she said the government will likely prevail on many of the others. She also called the requested limits "broad and far reaching" and said she could restore the three ads, or bar more, once more evidence comes in.
Government lawyers want MAGA Inc. taken out of the order because it is not a party to the case. She has not ruled on that request, Newsweek reported.
Our timeline
October 7: Common Cause and its coalition sue over a roughly $20 million Homeland Security TV campaign.
October 11: Rochon issues her first restraining order, as we reported in Judge Orders Trump Administration to Pull Taxpayer-Funded TV Ads Before Midterms.
October 30: At a hearing on widening that order, she adds the three White House ads, four days before the election.
From the bench, Rochon stressed that a court cannot delay an election or undo what has already aired, and she pointedly noted that everyone in the courtroom had heard her order, a jab at government delays after her earlier weekend ruling.
The reactions
The White House attacked the ruling as lawless and the work of an activist judge, saying it stops the administration from sharing patriotic videos. Common Cause and Democracy Forward said the court saw the ads for what they were and that the order halts what they call the administration's disregard for the law.
For another court limit on the administration's election season tactics, see Judge Curbs DHS Hunt for Noncitizen Voters in Nine States Before Election Day, and for new evidence about the government's California voter list, read UCLA Researchers Say Naturalized Citizens Appear on DOJ's California Noncitizen Voter List.
Two Taps News stories summarize reporting and the analysis discussed on Two Taps and Friends. They are not legal advice. Read our standards.
