Supreme Court Won’t Review D.C. Transit Ad Ban Dispute

The U.S. Supreme Court won’t review a dispute over a Washington, D.C., transit agency ban on religious and other issue-oriented advertising.

The justices refused to take up a challenge by the American Freedom Defense Initiative, whose request to run an ad on free speech guarantees that featured the Prophet Muhammad was rejected by the Washington Metropolitan Area Transit Authority.

A D.C.-based federal appeals court said the ban didn’t violate the group’s First Amendment rights. It said advertisements on Metro property were “nonpublic forums,” meaning that the government can enact some restrictions on speech so long as they are viewpoint neutral.

The transit authority said the ban was established after years of public complaints about ads highlighting political and religious controversies.

The ban was also upheld against a challenge by the Archdiocese of Washington who was prevented from placing ads about Christmas.

The case is American Freedom Defense Initiative v. Washington Metropolitan Area Transit Authority, U.S., No. 18-1000, denied 6/3/19.