US District Judge Jennifer L. Rochon ruled on Friday that advertisements titled "$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips,” and “Cost of Socialism” must be taken down from government websites and social media while a lawsuit challenging the ads proceeds. The federal judge ruled that they likely served political or propaganda purposes rather than legitimate public information campaigns.
The ruling followed a legal challenge brought by a coalition that includes the nonpartisan watchdog Common Cause.
The judge also ordered the government to halt any planned distribution of the three advertisements through third parties, including MAGA Inc., President Donald Trump’s flagship super PAC. The advertisements must be removed from official government platforms, including YouTube, Instagram and other social media accounts.
The order comes days before the US midterm elections, during which Trump has repeatedly promoted a proposal to provide $5,000 payments to American adults if Republicans retain control of Congress.
Court narrows order to three advertisements
Rochon declined to remove several other government advertisements challenged by the plaintiffs. The coalition had asked the court to block at least 13 ads. They argued that these ads improperly used taxpayer funds to promote Trump’s political message ahead of the election.
{{/usCountry}}Rochon declined to remove several other government advertisements challenged by the plaintiffs. The coalition had asked the court to block at least 13 ads. They argued that these ads improperly used taxpayer funds to promote Trump’s political message ahead of the election.
{{/usCountry}}In her ruling, Rochon said the Government Accountability Office has recognised that the White House may legitimately explain, defend and respond to criticism of administration policies. She concluded that many of the challenged advertisements could ultimately survive legal scrutiny.
However, she found that the plaintiffs were likely to succeed in challenging the three specific advertisements. Rochon also said the coalition could suffer irreparable harm if those ads remained online while the case continued.
“This court can neither postpone an election nor turn back the clock,” Rochon said during the hearing.
The judge emphasized that government officials should remove the advertisements immediately. Referring to delays after an earlier court order, she remarked, “Everyone is here. Everyone can hear my order. No one is at the theater.”
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White House defends advertisements
White House spokesperson Lauren Bis criticized the decision and called Rochon’s order unlawful. “This Biden-appointed activist judge issued a lawless order to stop the administration from sharing patriotic videos,” Bis said after the ruling.
Following the ruling, government lawyers asked the court to exempt MAGA Inc. from the order. They argued that the super PAC is not a party to the lawsuit and operates independently of the federal government.
The judge had not ruled on that request as of Friday evening.
The case was filed by a coalition represented by Democracy Forward, which argued that federal law prohibits taxpayer money from financing partisan political advertisements. “This temporary restraining order will stop the administration’s wanton disregard for the law while the court hears the full case,” attorney Bradley Girard said after the ruling.
The White House has defended the advertisements, arguing that they are public service announcements similar to those produced by previous administrations to support different programs.
However, the plaintiffs claim that the latest advertisements are different from many previous PSAs in that they do not attempt to assist the public in benefiting from certain government programs.