Federal Judge Orders Removal of Three Political Ads Funded by Taxpayers

The federal government must remove three advertisements from television and social media platforms, a federal judge ordered Friday. The ruling affects videos that appear to promote political messages rather than inform the public about government services. The most prominent of these ads features President Donald Trump claiming that Americans will receive $5,000 if Republicans maintain control of Congress.

U.S. District Judge Jennifer L. Rochon issued the order in New York. She sided with a coalition that included the nonpartisan watchdog group Common Cause. The judge directed the government to pull the ads titled “$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips,” and “Cost of Socialism.” These videos must be taken down from official government websites and social media accounts, including YouTube and Instagram. The court also canceled plans to air the ads through third parties, such as the super PAC MAGA Inc.

Rochon had previously issued a temporary restraining order two weeks prior. That earlier order banned a series of ads that echoed Trump's political messaging ahead of the midterms. The plaintiffs originally sought the removal of at least 13 ads. The judge ruled that only the three specified videos would be pulled for now. She noted that the government often has the right to explain its policies and respond to criticisms. However, she found that the plaintiffs were likely to succeed in their claims regarding these specific clips.

The White House responded quickly to the decision. Spokesperson Lauren Bis called the ruling a “lawless order” by a “Biden-appointed activist judge.” She said the order stopped the administration from sharing “patriotic videos.” The administration has defended the ads as public service announcements similar to those used by past presidents to promote policies. The plaintiffs argued that these recent ads differ because they do not help the public benefit from specific government programs.

Legal challenges to the order began immediately after the hearing. Government lawyers asked Rochon to exclude MAGA Inc. from the ruling. They argued that the organization is not a party to the case and that the government does not control its operations. The lawsuit did not name Trump as a defendant. Rochon had not yet ruled on that request as of late Friday.

The judge emphasized the timing of the decision. She noted that the government had no excuse to delay removing the ads after a Friday afternoon ruling. A government lawyer acknowledged that he could immediately notify the staff responsible for taking the ads down. Rochon stated that the temporary order would stop what she described as the administration’s disregard for the law while the court hears the full case.

Bradley Girard, a lawyer with Democracy Forward, said the ruling aligns with congressional rules against using taxpayer dollars for partisan ads. He noted that the coalition worked to achieve this result. In court papers, the plaintiffs' lawyers wrote that Congress did not appropriate funds for the White House to run a public relations shop to help allies or attack opponents. Assistant U.S. Attorney Jeffrey Oestericher argued that White House staff can compile advertisements to inform the public and rebut attacks on the administration.

Rochon stated that she could reverse the order and restore the ads after hearing more evidence in the coming weeks. She concluded that the plaintiffs would suffer irreparable harm if the ads remained online during the litigation. The court order is effective immediately.