WallBuilders, a religious non-profit group, recently secured a win in Washington DC court against the Washington Metropolitan Area Transit Authority (WMATA).
WMATA had been enforcing guidelines on commercial advertisements on transit that Wallbuilders argued were discriminatory against their First Amendment rights.
Court Ruling
On Tuesday, a US District Court in DC ruled that the WMATA rules were “vague” and could not be used to enforce “objective, workable standards.”
Judge Beryl A. Howell said the rules conflict with the First Amendment and that banning ads on controversial issues does not constitute a “reasonable restriction on speech.”
WallBuilders Lawsuit
This court ruling comes in response to a lawsuit filed by WallBuilders in December, done with the help of the American Civil Liberties Union (ACLU) and the First Liberty Institute.
“We don’t understand why there should be a ban on religious advertisements. Religion is, after all, a point of view about the world,” said Arthur Spitzer, senior counsel at ACLU at the time.
Ad Policy
The ads that were rejected by WMATA included one of George Washington kneeling with text that said “Christian?”
Another ad had the same text overlaid with a picture of the signing of the US Constitution. These ads seemed relatively tame but still were rejected by the WMATA because they are both prohibited by specific commercial advertising guidelines.
Commercial Advertising Guideline 9
The WMATA has a series of guidelines for those who want to have their commercial advertisements displayed.
According to guideline 9, “Advertisements intended to influence members of the public regarding an issue on which there are varying opinions are prohibited.”
Religious Guidelines
In addition to having guidelines about controversial topics, there is also a guideline banning the discussion of religious beliefs.
According to guideline 12 “Advertisements intended to promote or oppose any religion, religious practice, or belief are prohibited.”
ACLU Statement
In a statement Tuesday, WMATA celebrated the decision of the court to issue a ruling in the case.
“We are pleased that this ruling moves us one step closer to ending WMATA’s arbitrary censorship of speech about public issues,” said Spitzer. “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.”
Statement By First Liberty
Another group that assisted on the case, the First Liberty Institute, outlined the hypocrisy that they felt WMATA has had on this issue.
“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,” said First Liberty Senior Counsel Jeremy Dys.
Who is Wallbuilders?
WallBuilders was founded in 1989 by Texas evangelical David Barton and the group is concerned with promoting the importance of Christian faith in United States history.
“Many Americans don’t understand the Christian foundation of our nation. Through original source documents, we strive to reveal the historical truths,” WallBuilders says on their website.
America’s Foundation
WallBuilders insists that America was founded on a foundation of Christian ideals and principles.
They exist as an organization that provides resources for those who want to learn more about the nation’s history, which they feel has been distorted by “expert opinions” and “academics.”
Revising History
According to WallBuilders “many academics deliberately ignore, change, and revise the facts of history in order to better suit their own agendas. Truth is constantly becoming harder to find.”
The idea of America as a Christian nation is controversial among historians and the American public. While historians often contend that the US is a secular nation, Pew Research found in 2022 that 45% of the country believes that it should be a Christian nation.
Secular Culture
The group warns of the dangers of a secular culture that seeks to attack religious freedom.
“Our secular culture has revised our nation’s true history. Religious freedom is under attack, and many Americans remain ignorant of the Christian cornerstone of our country. But the truth remains. We were built on a firm foundation; therefore, we share the hope of our history and future,” says WallBuilders.
