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.
In January 2026, a motion for summary judgement was filed on behalf of WallBuilder Presentations (“WallBuilders”) at the United States District Court for the District of Columbia to strike down the Washington Metropolitan Area Transit Authority (“WMATA”) advertising restrictions on issue and religious ads as violations of the First Amendment.
News Release
For Immediate Release: 1.19.26
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
media@acludc.org
D.C. Transit Authority’s Ban on Issue and Religious Ads Challenged in Federal Court
Earlier ruling said WMATA imposed unreasonable restriction on speech rights; lawsuit seeks to strike WMATA rules on issue and religious ads.
Washington, D.C.—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”) asked the United States District Court for the District of Columbia to strike down the Washington Metropolitan Area Transit Authority (“WMATA”) advertising restrictions on issue and religious ads as violations of the First Amendment.
In 2024, Judge Beryl A. Howell of the DC Circuit ordered WMATA to reverse its denial of advertisements from WallBuilders that it had unconstitutionally rejected while the case was litigated. The court ruled that WMATA’s Guideline 9, which prohibits “[a]dvertisements intended to influence members of the public regarding an issue on which there are varying opinions,” was “not a reasonable restriction on speech.” Calling the guidelines “vague,” Judge Howell wrote that the guideline failed to provide “objective, workable standards” that could be reasonably applied, a requirement under the First Amendment. Attorneys for WallBuilders now seek to make that ruling permanent.
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 Guideline 9.
“When the government censors a private speaker’s message just because it conveys a religious point of view, it violates the First Amendment,” said Arthur Spitzer, Senior Counsel at the ACLU-D.C. “The court was right in issuing a preliminary injunction against WMATA, and now it’s time to strike their regulations once and for all.”
“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 simply because of their religious content is discriminatory, and illegal. We are grateful that the court recognized that WMATA unconstitutionally rejected WallBuilders ads and now ask the court to finish the job.”
The unlawfully rejected ads can be viewed here.
###
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.
![2023 Ads 1[23]](https://firstliberty.org/wp-content/uploads/2023/12/2023_Ads_123-300x194.jpg)
2023 Ads 1[23]
 |
|
|
CASE SUMMARY
PRESS RELEASES
LEGAL DOCUMENTS
PHOTOS AND VIDEO
