An organization by the name WallBuilders Presentations has a mission to present America's forgotten history and heroes. They do so through a lens focusing on the moral, religious, and constitutional foundation on which America was formed. However, they have met a roadblock.
WallBuilders in the summer of 2023 wanted to launch a massive advertising campaign in the DC area to publish its name and its strong mission of opening the public's eye to the role of faith in the formation of our country. They were going to go about this advertising plan by using WMATA buses to spread the messages. Much of the DC metropolitan population relies on the WMATA buses for transportation daily so the messages would be seen by a large population. Included in the advertisements were religious messages. One ad had a picture of George Washington kneeling in prayer at Valley Forge with the word, “Christian?” under the image with the Wallbuilders website address. When proposed to WMATA it was swiftly rejected because it was a “issue ad that is intended to influence members of the public on an issue on which there are varying opinions.” WallBuilders then reflected on the rejection and decided to remove the word “Christian?” under the image. However yet again the ads were denied. There was no clarification received on the context behind “varying opinions”.
WMATA is known for permitting advertisements that promote other organizations that have controversial takes and issues. This can be seen with them permitting an ad about the book of Mormon that harshly mocks the Mormon Church. Along with promotions involving the Catholic University of America. The main issue at hand being WMATA rejecting a religious ad possibly violating the First Amendment’s protection of religion. It could also possibly be inferred that WallBuilders constitutional rights are being violated under the Free Exercise clause of the First amendment. Are WMATA discriminating against certain religious advertisements? It also must be kept in mind these buses are in a public setting.
It also must be taken into consideration that WMATA has been through issues like this in the past. The Supreme Court in 2020 declined to take up a challenge on a ban on religious advertising by WMATA. This issue dates to 2017 when a Christmas themed ad campaign with some religious themes was rejected. There was also an ad that was submitted in 2015 that was rejected that depicted the Prophet Muhammad. These rulings were upheld in favor of WMATA but still are met with harsh resistance and appeals. In an opinion by Justice Gorsuch, he wrote in reaction to the supreme court not hearing the case about Christmas related religious advertising in the WMATA, “the ban on religious advertising is viewpoint discrimination by a governmental authority and a violation of the first amendment”.
The Free Exercise Clause of the First Amendment protects religious expression. In this case WallBuilders is having its rights violated. By saying they ban all religious advertisements is a cheap cop out to me. It makes them look good on the outside but ultimately is violating their First Amendment rights. These ads simply have a website URL and a short message. No passenger on one of these buses is made to go out of their way to go to the website. Nobody is being forced to check out their website or become a member of the WallBuilders. There's also no direct threat of such advertisements to the public. The Free Exercise Clause was put into effect to make sure Americans could have their voices heard and express themselves without feeling persecuted. By denying WallBuilders this right to further their reach and message of their organization it is a direct violation of their rights. WMATA is in theory basically just censoring any organization that wants to try to push a message that is remotely religious but allowing some that they seem fit. This is also very dangerous in my opinion as if this is allowed to be swept under the rug, we could see these issues continue to spring up and be abused in other public settings. The First Amendment doesn’t play favorites, it makes sure that any voice no matter the message is heard. Voices should not be silenced in public forums."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 hypocriticaldiscriminatory, and illegal. WMATA must support the freedoms provided in the First Amendment rather than silence Americans through censorship" said First Liberty Senior Councilman Jermey Dys.
https://firstliberty.org/cases/wallbuilders/
https://firstliberty.org/wp-content/uploads/2023/12/WallBuilders-Federal-Complaint_Redacted.pdfchristian-organization-sues-d-c-metro-for-rejecting-ads
https://washingtonstand.com/news/wallbuilders-supported-by-aclu-sues-dc-metro-for-rejecting-bus-ads