DC Transit Authority Ordered to Run Christian Ads

The Washington D.C. transit system refused to allow WallBuilders, a non-profit organization, to advertise on their fleet of buses claiming the ads violated their advertising guidelines as they seek to “influence” the public. This decision, however, was overruled by a federal judge this week.

The judge ruled that the D.C. transit system must display the faith-based ads on their public trains, buses and in Metro stations.

The four ads WallBuilders presented sought to educate the public about the role that the Founding Fathers’ Christian faith played in the creation of the nation and the drafting of the Constitution.

One ad displayed the famous scene of George Washinton kneeling in prayer at Valley Forge and featured the phrase “CHRISTIAN?” whilst inviting onlookers to visit the WallBuilders website where they could “find out about the faith of our Founders.”

Another ad showed the Founders signing the U.S. Constitution with the same language used in the first ads. This very image is depicted in a painting in the U.S. Capitol.

Upon rejection of the ads, WallBuilders requested additional information in order to potentially change the ads. There was no response. The assumption was that there was issue taken with the use of the word “CHRISTIAN,” as such, WallBuilders presented the transit authority with a revised version of the ads, changing the wording to “Faith of the Founders.”

These revisions were also rejected.

In a shocking turn of events, legal groups on the left and right took on the non-profit’s case!

First Liberty, the ACLU of the District of Columbia, the American Civil Liberties Union, and Steptoe, LLP all filed a federal lawsuit on behalf of WallBuilders on the grounds that their restrictions violate American’s First Amendment rights.

Government agencies cannot discriminate against private speech based upon viewpoints or from imposing unreasonable restrictions on speech as outlined in the First Amendment.

The transit authority’s ban of issue ads was deemed to be in violation of the First Amendment’s requirement that free speech restrictions must be “reasonable” by U.S. District Judge Beryl Howell.

In her opinion, Judge Howell wrote:

“To be clear, WMATA is permitted to retain considerable discretion in evaluating the intent and purpose of an ad, but this discretion must be coupled with objective, workable standards.”

First Liberty Senior Counsel, Jeremy Dys, stated:

“Rejecting a faith-based advertising banner by labeling it an ‘issue ad,’ while accepting other ads such as those promoting a ‘Social Justice School,’ ‘Earth Day,’ and the highly controversial idea of terms limits for Supreme Court Justices, is clearly hypocritical, discriminatory, and illegal,” he stated.

“We are grateful that the court recognized that WMATA unconstitutionally rejected WallBuilders’ ads and look forward to continuing to fight for complete victory,” Dys added.

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