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.
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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.
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