The Washington Metropolitan Area Transit Authority (WMATA) seems to have a problem with the First Amendment. WMATA is preventing WallBuilders, an organization that advocates for Americans to understand their history and the important role religion played in the founding of our nation, from advertising on the side of WMATA Metro buses.

In response, First Liberty, The American Civil Liberties Union, ACLU of the District of Columbia, and the law firm of Steptoe, LLP have filed a lawsuit challenging WMATA’s advertising restrictions.

The lawsuit argues that WMATA’s ad guidelines violate the First Amendment, which prohibits government agencies from discriminating against private speech based on their viewpoint or from imposing rules that aren’t applied consistently.

When WallBuilders sought to place ads on the sides of the Metro buses, WMATA rejected the ads on the grounds that they violated its advertising guidelines, which prohibit advertising “intended to influence members of the public regarding an issue on which there are varying public opinions.” It is also apparent that WallBuilders’ ads violated the guidelines’ prohibition on advertisements “that promote or oppose any religion, religious practice or belief.”

Yet, WMATA has consistently allowed ads about controversial issues like demanding Supreme Court term limits and demanding transparency in hospital prices. WMATA has also accepted ads with religious content, such as an ad for The Book of Mormon musical, which harshly lampoons the Mormon Church and religion in general.

“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, said First Liberty Senior Counsel Jeremy Dys. “WMATA must support the freedoms provided in the First Amendment rather than silence Americans through censorship.”

The lawsuit asks the court to declare the WMATA guidelines prohibiting “issue ads” and ads with religious content unconstitutional. Additionally, it asks the court to order WMATA to accept and run the WallBuilders advertisements it had rejected and others that would violate these guidelines.

“The case against WMATA is a critical reminder of what’s at stake when government entities exercise selective censorship. The First Amendment doesn’t play favorites; it ensures that all voices, regardless of their message, have the right to be heard,” said Arthur Spitzer, Senior Counsel at the ACLU-D.C.

Right now, you have an incredible opportunity to stand with First Liberty in the fight to protect our First Amendment rights to live, work and in this case, advertise according to our faith.

When you give to First Liberty before midnight on December 31st, our $600,000 Matching Grant will double the impact of your gift and give us the resources we need to stop government agencies from blatantly discriminating against faith-based messages.

Will you join us on the frontlines in this fight and by saying NO to these hypocritical policies?