In the summer of 2023, WallBuilders hoped to launch an advertising campaign in the nation’s capital region to publicize its organization and pursue its mission of educating the public on the role of faith in the founding of our nation. The goal was to reach the broad DC metropolitan population, through a widely available advertising platform—WMATA buses—to convey messages in keeping with its religious mission.
One ad included an iconic painting of George Washington kneeling in prayer at Valley Forge with the word, “Christian?” across the bottom along with its website address and a QR code for more information. WMATA rejected the ad citing one of their advertising guidelines calling it an “issue ad that is intended to influence members of the public on an issue on which there are varying opinions.”
WallBuilders resubmitted their ads after removing the word “Christian?” but once again, WMATA rejected the ads. WMATA never identified what “varying opinions” the ads addressed, but since WMATA’s advertising guidelines also prohibit religious advertisements, it seems WMATA targeted the ads due to the religious viewpoint expressed by WallBuilders.
WMATA’s application and interpretation of their guidelines are inconsistent and demonstrate blatant discrimination toward WallBuilders. Their decision is arbitrary, unlawful, and even inconsistent with their practices. WMATA permits advertisements for other organizations that promote controversial issues of public debate. For example, WMATA allowed an ad for the musical, “The Book of Mormon” which harshly lampoons the Mormon Church, religion in general, and includes songs spouting explicit and vulgar anti-religious lyrics. Further, WMATA accepts controversial ads promoting a ‘Social Justice School’ and ‘Earth Day..’
The First Amendment grants all Americans the right to express their point of view, religious or secular. The decision to reject WallBuilders’ ads is an assault on the values and principles that influenced the Founding Fathers.
The ACLU, First Liberty Institute, and the law firm Steptoe, LLP, have joined together to file a federal lawsuit against the organization after it rejected ads from the Christian organization.
In May 2024, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia today ordered the Washington Metropolitan Area Transit Authority (“WMATA”) to accept and run four advertisements that it had unconstitutionally rejected. The court ruled that WMATA’s ban on issue ads violates the First Amendment’s requirement that restrictions on speech be reasonable.
News Release
For Immediate Release: 5.21.24
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
media@acludc.org
212-549-2666
Court Orders D.C. Transit Authority to Accept and Run Unconstitutionally Rejected Ads
Ruling Says WMATA Imposed Unreasonable Restriction on Speech Rights.
WASHINGTON, DC — Judge Beryl A. Howell of the U.S. District Court for the District of Columbia today ordered the Washington Metropolitan Area Transit Authority (“WMATA”) to accept and run four advertisements that it had unconstitutionally rejected. The court ruled that WMATA’s ban on issue ads violates the First Amendment’s requirement that restrictions on speech be reasonable.
The Court issued a preliminary injunction today in WallBuilders v. WMATA. The lawsuit, filed on December 12, 2023 by the American Civil Liberties Union, the ACLU of the District of Columbia, First Liberty Institute, and the law firm of Steptoe, LLP on behalf of WallBuilder Presentations (“WallBuilders”), challenges WMATA advertising restrictions as violations of the First Amendment.
WallBuilders is a Texas-based non-profit organization that seeks to educate the public about the role that the Founders’ Christian faith played in the creation of the nation and the drafting of the Constitution. It sought to place its advertisements on the side of WMATA Metro buses. WMATA rejected the ads on the grounds that they violated its advertising guidelines, which prohibit advertising “intended to influence members of the public regarding an issue on which there are varying public opinions.” The lawsuit argues that these ad guidelines violate the First Amendment, which prohibits government agencies from discriminating against private speech based on its viewpoint or from imposing unreasonable restrictions on speech.
The Court ruled that Guideline 9, which prohibits “[a]dvertisements intended to influence members of the public regarding an issue on which there are varying opinions,” is “not a reasonable restriction on speech.” Calling the guidelines “vague,” Judge Howell wrote that the guideline fails to provide “objective, workable standards” that could be reasonably applied, a requirement under the First Amendment.
This is the second free speech lawsuit filed by the ACLU challenging WMATA’s advertising guidelines. A 2017 lawsuit, ACLU v. WMATA, documents how WMATA has discriminated against a variety of viewpoints. Both lawsuits showcase how WMATA’s enforcement of Guideline 9 has been inconsistent. For instance, WMATA has allowed an Instacart ad promoting “Plan B,” an over-the-counter contraceptive. However, in the 2017 case, WMATA rejected an ad for an abortion pill from the ACLU’s client Carafem, a women’s health care collective. Additionally, an ACLU ad displaying the text of the First Amendment in multiple languages was also rejected. ACLU v. WMATA is also pending, and information on the lawsuit may be found here.
“We are pleased that this ruling moves us one step closer to ending WMATA’s arbitrary censorship of speech about public issues,” said Arthur Spitzer, Senior Counsel at the ACLU-D.C. “In a democracy, the government has no right to pick and choose which viewpoints are acceptable. This case is about expanding everyone’s freedom to express their views without unreasonable government interference.”
“The First Amendment grants all Americans the right to express their point of view, religious or secular,” said First Liberty Senior Counsel Jeremy Dys. “Rejecting a faith-based advertising banner by labeling it an ‘issue ad,’ while accepting other ads such as those promoting a ‘Social Justice School’ and ‘Earth Day’ is clearly hypocritical, discriminatory, and illegal. We are grateful that the court recognized that WMATA unconstitutionally rejected WallBuilders ads and look forward to continuing to fight for complete victory.”
Today’s order and memo in WallBuilders v. WMATA may be found .
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
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