For nearly a decade, Washington, D.C.’s transportation authority has been faced with dispute Exceeding restrictive guidelines governing advertising on city subways and buses. Now, it may have to scrap some of them.
The controversial rules ban any advertising that is “issue-oriented” or “intended to influence the public on issues on which opinions differ.” The guidelines also single out religious advertising, banning “advertising that promotes or opposes any religion, religious practice or belief.”
Last month, the District Court in Washington, D.C. rule Supporting Christian groups seeking to challenge the rules, a preliminary injunction was issued against a part of the guidelines banning advertising “aimed at influencing the public on issues where there are differing opinions”.
The Washington Metropolitan Area Transit Authority (WMATA) first enacted the controversial rule in 2015 after an anti-Islam activist tried to purchase an ad depicting Muhammad.
In 2017, the American Civil Liberties Union be accused WMATA has challenged the guidance, with plaintiffs including vegan group People for the Ethical Treatment of Animals (PETA) and right-wing firebrand Milo Yiannopoulos. The case is still ongoing. However, in 2018, the District Court in Washington denied a request for a preliminary injunction challenging the WMATA rules.
But the American Civil Liberties Union (ACLU) join in other litigation Challenging the guidelines on First Amendment grounds—this time, with greater success. The latest lawsuit was filed in December 2023 by WallBuilders, a group that seeks to educate the public “about our nation’s sacred foundations,” according to legal records.
When WallBuilders tried to purchase an ad for WMATA buses, it read “Christian? To learn about the beliefs of our founders, visit wallbuilders.com.” WMATA cited their guidelines in rejecting the ads. When WallBuilders resubmitted the ad and omitted all text except “Visit wallbuilders.com,” the ad was still rejected.
WallBuilders sued. On May 21, Judge Beryl A. Howell of the District Court for the District of Columbia granted WallBuilder’s motion for a preliminary injunction to halt enforcement of guidelines prohibiting ads that seek to “affect the public on an issue,” on which dissenting opinions emerged.
“WMATA may retain considerable discretion in evaluating the intent and purpose of an advertisement … but such discretion must be coupled with objective, feasible standards,” Howell wrote. “Simply put, ‘This The use of the word is completely undefined'[a]Advertising designed to influence. . . “On an issue on which opinions differ,” coupled with the lack of any definition or official guidance and the inconsistent application of WMATA [the guideline],clearly states [it] This is not a reasonable restriction on speech.
The ruling is a major victory for a series of controversial groups hoping to buy ads on Washington buses and subways. It also sends a clear message to WMATA: While it can impose some restrictions on advertising content, its rules must be well-defined and strictly customized.
