The First Amendment (Literally) Banned in D.C. | American Civil … – ACLU (blog)
Can the government ban the text of the First Amendment itself on municipal transit ads because free speech is too political for public display?
If this sounds like some ridiculous brain teaser, it should. But unfortunately its not. Its a core claim in a lawsuit we filed today challenging the Washington Metropolitan Area Transit Authoritys (WMATA) restrictions on controversial advertising.
The ACLU, ACLU of D.C., and ACLU of Virginia are teaming up to represent a diverse group of plaintiffs whose ads were all branded as too hot for transit: the ACLU itself; Carafem, a health care network that specializes in getting women access to birth control and medication abortion; People for the Ethical Treatment of Animals (PETA); and Milo Worldwide LLC the corporate entity of provocateur Milo Yiannopoulos.
To put it mildly, these plaintiffs have nothing in common politically. But together, they powerfully illustrate the indivisibility of the First Amendment. Our free speech rights rise and fall together whether left, right, pro-choice, anti-choice, vegan, carnivore, or none of the above.
Lets start with the ACLU. Earlier this year, following President Trumps repeated commentary denigrating journalists and Muslims, the ACLU decided to remind everyone about that very first promise in the Bill of Rights: that Congress shall make no law interfering with our freedoms of speech and religion. As part of a broad advertising campaign, the ACLU erected ads in numerous places, featuring the text of the First Amendment. Not only in English, but in Spanish and Arabic, too to remind people that the Constitution is for everyone.
The ACLU inquired about placing our ads with WMATA, envisioning an inspirational reminder of our founding texts, with a trilingual twist, in the transit system of the nations capital. But it was not to be: Our ad was rejected because WMATAs advertising policies forbid, among many other things, advertisements intended to influence members of the public regarding an issue on which there are varying opinions or intended to influence public policy.
You dont have to be a First Amendment scholar to know that something about that stinks.
Our free speech rights rise and falltogether whether left, right, pro-choice, anti-choice, vegan, carnivore, or none of the above.
Lets start with the philosophical argument. WMATAs view is apparently that the litany of commercial advertisements it routinely displays involve no issues on which there are varying opinions. Beyond the obvious Coke-or-Pepsi jokes, theres a dark assumption in that rule: that we all buy commercial products thoughtlessly. Buy beer! (Dont think about alcoholism.) Buy a mink coat! (Dont think about the mink.) That is, WMATA sees varying opinions only when they relate to something it recognizes as controversial. And as the Supreme Court recently reminded us, the government violates the First Amendment when it allows only happy-talk.
And now to the practical. This is a policy so broad and vague that it permits WMATA to justify the ad hoc exclusion of just about anyone. And the broad set of plaintiffs in this case confirms that.
Despite the fact that Carafem provides only FDA-approved medications, its ad was deemed too controversial because it touched the third rail of abortion. Carafems proposed ad read simply: 10-week-after pill. For abortion up to 10 weeks. $450. Fast. Private. As we at the ACLU know all too well, as states continue to erect draconian barriers to the right to choose, information about and access to abortion care is more critical than ever. Yet Carafems ad was apparently rejected simply because some people think otherwise.
One of PETAs intended advertisements depicted a pig with accompanying text reading, Im ME, Not MEAT. See the Individual. Go Vegan. Despite the fact that WMATA routinely displays advertisements that encourage riders to eat animal-based foods, wear clothing made from animals, and attend circus performances, PETAs side of this public debate was the only one silenced by the government.
WMATAs advertising agency suggested that with some changes, ACLU and PETA might be able to get their advertisements accepted. Perhaps PETA could remove the Go Vegan slogan from its advertisement? But for the ACLU, Youll have to dramatically change your creative. In other words, as long as we dont try to make anyone think, we might get the right to speak.
That brings us to our final client: Milo Worldwide LLC. Its founder, Milo Yiannopoulos, trades on outrage: He brands feminism a cancer, he believes that transgender individuals have psychological problems, and he has compared Black Lives Matter activists to the KKK. The ACLU condemns many of the values he espouses (and he, of course, condemns many of the values the ACLU espouses).
Milo Worldwide submitted ads that displayed only Mr. Yiannopouloss face, an invitation to pre-order his new book, Dangerous, and one of four short quotations from different publications: The most hated man on the Internet from The Nation; The ultimate troll from Fusion; The Kanye West of Journalism from Red Alert Politics; and Internet Supervillain from Out Magazine. Unlike Mr. Yiannopoulos stock-in-trade, the ads themselves were innocuous, and self-evidently not an attempt to influence any opinion other than which book to buy.
WMATA appeared to be okay with that. It accepted the ads and displayed them in Metro stations and subway cars until riders began to complain about Mr. Yiannopoulos being allowed to advertise his book. Just 10 days after the ads went up, WMATA directed its agents to take them all down and issue a refund suddenly claiming that the ads violated the same policies it relied on to reject the ads from the ACLU, Carafem, and PETA.
The ideas espoused by each of these four plaintiffs are anathema to someone as is pretty much every human idea. By rejecting these ads and accepting ads from gambling casinos, military contractors, and internet sex apps, WMATA showed just how subjective its ban is. Even more frightening, however, WMATAs policy is an attempt to silence anyone who triestomakeyou think. Any one of these advertisements, had it passed WMATAs censor, would have been the subject of someones outraged call to WMATA.
So, to anyone whod be outraged to see Mr. Yiannopoulos advertisement please recognize that if he comes down, so do we all. The First Amendment doesnt, and shouldnt, tolerate that kind of impoverishment of our public conversation. Not even in the subway.
At the end of the day, its a real shame that WMATA didnt accept the ACLUs advertisement the agency could really have used that refresher on the First Amendment.
See the original post:
The First Amendment (Literally) Banned in D.C. | American Civil ... - ACLU (blog)
- South Bend Stops YouTubers Bid to Revive First Amendment Claim - Bloomberg Law News - May 17th, 2025 [May 17th, 2025]
- Trump Administration Likely Violated American Bar Association's First Amendment Rights - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Perkins Coie Litigation Team Secures First Amendment Federal Court Win for DEF CON - Perkins Coie - May 15th, 2025 [May 15th, 2025]
- How swiftly power can be weaponized against dissenting voicesincluding the free and open press as protected by the First Amendment - Northeast Valley... - May 15th, 2025 [May 15th, 2025]
- NYUs First Amendment Watch Launches Trump 2.0: Executive Power and the First Amendment - NYU - May 10th, 2025 [May 10th, 2025]
- CCIA Files Amicus Brief Defending the First Amendment Rights of Email Service Providers - CCIA - May 10th, 2025 [May 10th, 2025]
- Zick on executive orders and official orthodoxies First Amendment News 469 - FIRE | Foundation for Individual Rights and Expression - May 10th, 2025 [May 10th, 2025]
- Why Journalists Must Band Together to Defend the First Amendment - PEN America - May 10th, 2025 [May 10th, 2025]
- Youngkin vetoes Confederate tax break roll back, but First Amendment scholar says that might be best - WHRO - May 10th, 2025 [May 10th, 2025]
- Baxter County facing $102,757 payment after losing eight-year First Amendment lawsuit - Mountain Home Observer - May 10th, 2025 [May 10th, 2025]
- DOJ to investigate this new Washington law for first amendment violations - KGW - May 10th, 2025 [May 10th, 2025]
- Judge orders Tufts scholar Rumeysa Ozturk released from ICE detention after serious First Amendment and due process questions - MSN - May 10th, 2025 [May 10th, 2025]
- The First Amendment and the Trump Administration's Anti-DEI Executive Orders - Reason Magazine - May 10th, 2025 [May 10th, 2025]
- Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment - Reason Magazine - April 25th, 2025 [April 25th, 2025]
- Thankfully, Larry David mocks Bill Maher First Amendment News 467 - FIRE | Foundation for Individual Rights and Expression - April 25th, 2025 [April 25th, 2025]
- No, Gov. Lombardo, nobody was being paid to exercise First Amendment rights - Reno Gazette Journal - April 25th, 2025 [April 25th, 2025]
- Letter from the Editor: The First Amendment shaped my time on the Hill - WKUHerald.com - April 25th, 2025 [April 25th, 2025]
- Analysis: Pro-Hamas speech is protected by the First Amendment - Free Speech Center - April 25th, 2025 [April 25th, 2025]
- Who Will Fight for the First Amendment? Protecting Free Expression at a Critical Time - - Center for Democracy and Technology - April 25th, 2025 [April 25th, 2025]
- What the Doxxing of Student Activists Means For the First Amendment - The Progressive - April 25th, 2025 [April 25th, 2025]
- Does Gov. Landrys bid to restrict attorney advertising violate the First Amendment? - Baton Rouge Business Report - April 25th, 2025 [April 25th, 2025]
- Harvard invokes First Amendment in US lawsuit over academic control - Times of India - April 25th, 2025 [April 25th, 2025]
- Fun with the First Amendment: Why Sarah Palins lawyers are happy, and why Deborah Lipstadt isnt - Media Nation - April 25th, 2025 [April 25th, 2025]
- The First Amendment Is Being Rewritten in Real Time - Rewire News Group - April 25th, 2025 [April 25th, 2025]
- Criminalizing the Assertion of First Amendment Rights - Law.com - April 25th, 2025 [April 25th, 2025]
- Massachusetts First Amendment case: Harmony Montgomerys custody hearing audio to be released - Boston Herald - April 25th, 2025 [April 25th, 2025]
- Harvard, Trump and the First Amendment: Will Others Follow Suit? - Law.com - April 25th, 2025 [April 25th, 2025]
- Executive Watch: The breadth and depth of the Trump administrations threat to the First Amendment First Amendment News 465 - FIRE | Foundation for... - April 12th, 2025 [April 12th, 2025]
- Rising Wave of Funders and PSOs Stand Up for the First Amendment Freedom to Give - Inside Philanthropy - April 12th, 2025 [April 12th, 2025]
- Clear commands of First Amendment precedent: Trump-appointed judge rejects government motion to stay court order allowing Associated Press back into... - April 12th, 2025 [April 12th, 2025]
- Distinguished lecture series on First Amendment at URI adds Visiting Professors of Practice Rhody Today - The University of Rhode Island - April 12th, 2025 [April 12th, 2025]
- Everything starts with a voice: Understanding the First Amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- This is an all-out war on the First Amendment - mronline.org - April 12th, 2025 [April 12th, 2025]
- The lost right in the first amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- Zero-tolerance laws on Tennessee school shooting threats raise First Amendment worries - The Tennessean - April 12th, 2025 [April 12th, 2025]
- Federal Judge Orders White House to Restore Access to AP, Citing First Amendment - Democracy Now! - April 12th, 2025 [April 12th, 2025]
- Does the First Amendment apply to the students in Texas who had their visas revoked? - Fort Worth Star-Telegram - April 12th, 2025 [April 12th, 2025]
- Guest Column: Detention of Tufts Student a Brazen Attack on the First Amendment - The Bedford Citizen - April 12th, 2025 [April 12th, 2025]
- KU students protest for First Amendment rights - The Washburn Review - April 12th, 2025 [April 12th, 2025]
- Trackergate: The First Amendment Fights Back as Schieve and Hartung Face the Music - Nevada Globe - April 12th, 2025 [April 12th, 2025]
- A friend's wedding, the First Amendment - Delta Democrat-Times - April 12th, 2025 [April 12th, 2025]
- Judge rules against White House in AP's First Amendment case - newscentermaine.com - April 12th, 2025 [April 12th, 2025]
- UMass Amherst library hosts webinar on the First Amendment and book banning - Massachusetts Daily Collegian - April 12th, 2025 [April 12th, 2025]
- Kansas Statehouse clownery has torn First Amendment to shreds. Who will tape it back together? - Kansas Reflector - March 18th, 2025 [March 18th, 2025]
- Is Mahmoud Khalil protected by the First Amendment? - CNN - March 18th, 2025 [March 18th, 2025]
- D.C. Media's Gridiron Dinner Features A Toast To The First Amendment --- And Not To The President - Deadline - March 18th, 2025 [March 18th, 2025]
- Mayors Threat to Close Miami Cinema Over No Other Land Screening Condemned by Film Groups as First Amendment Violation - Yahoo - March 18th, 2025 [March 18th, 2025]
- TSA Screeners' Union Sues the Trump Administration for Violating Its First Amendment Rights - Reason - March 18th, 2025 [March 18th, 2025]
- Kevin McCabe: Why defending the First Amendment means protecting the Second - Must Read Alaska - March 18th, 2025 [March 18th, 2025]
- Murder the Truth explores the campaign against the First Amendment - The Washington Post - March 18th, 2025 [March 18th, 2025]
- The Trump-Musk Administration Is Running Out of Ways to Ignore the First Amendment - Balls & Strikes - March 18th, 2025 [March 18th, 2025]
- From Gods to Google: DU Law Professor Sounds Alarm Over First Amendment and Technology Regulation - University of Denver Newsroom - March 18th, 2025 [March 18th, 2025]
- Intimidating abridgments and political stunts First Amendment News 461 - Foundation for Individual Rights and Expression - March 18th, 2025 [March 18th, 2025]
- Opinion | The Khalil case is a threat to First Amendment rights - The Washington Post - March 18th, 2025 [March 18th, 2025]
- Fallout from campus protests sparks debate on limits of the First Amendment - Spectrum News - March 18th, 2025 [March 18th, 2025]
- Troy Carico: Stabbing the First Amendment in the back in Alabama | - 1819 News - March 18th, 2025 [March 18th, 2025]
- Donald Trump Is Tearing Up The First Amendment - HuffPost - March 18th, 2025 [March 18th, 2025]
- Sorry Mahmoud Khalil, Aliens Do Not Have the Same First Amendment Rights as American Citizens - Immigration Blog - March 18th, 2025 [March 18th, 2025]
- BREAKING: Bill Nye to headline annual Loyolan First Amendment Week - Los Angeles Loyolan - March 18th, 2025 [March 18th, 2025]
- Spokane and Bonner county sheriff's offices can no longer hide or delete critical Facebook comments after First Amendment concerns, judges rule - The... - March 18th, 2025 [March 18th, 2025]
- Paula Rigano: Last time I checked, the First Amendment still stood - GazetteNET - March 18th, 2025 [March 18th, 2025]
- Trump is using antisemitism as a pretext for a war on the first amendment | Judith Levine - The Guardian - March 18th, 2025 [March 18th, 2025]
- Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam - Reason - March 18th, 2025 [March 18th, 2025]
- Free Mahmoud Khalil and protect students exercising their First Amendment rights! - MoveOn's petitions - March 18th, 2025 [March 18th, 2025]
- Guy Ciarrocchi: The lesson from Covid the experts hate our First Amendment - Broad + Liberty - March 18th, 2025 [March 18th, 2025]
- Trump Administration Faces Growing Backlash Over First Amendment Concerns and Threats to Free Speech - Arise News - March 18th, 2025 [March 18th, 2025]
- The Lobby, Mahmoud Khalil & the First Amendment - Consortium News - March 18th, 2025 [March 18th, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action Part 2 - Reason - March 3rd, 2025 [March 3rd, 2025]
- Inside Israel's Plan To Resume the War and 'Eradicate Hamas.' Plus, Trump's Press Pool Takeover Is Not an Assault on the First Amendment. - Washington... - March 3rd, 2025 [March 3rd, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action - Reason - March 3rd, 2025 [March 3rd, 2025]
- OPINION: Attacking the First Amendment and America's free press - Midland Daily News - March 3rd, 2025 [March 3rd, 2025]
- Press pool takeover drowns First Amendment - Freedom of the Press Foundation - March 3rd, 2025 [March 3rd, 2025]
- First Amendment Victory! Wyoming Airport Agrees to Settlement After Rejecting PETA Ad - PETA - March 3rd, 2025 [March 3rd, 2025]
- Our View: Theres nothing murky about the First Amendment - Palestine Herald Press - March 3rd, 2025 [March 3rd, 2025]
- Ohio Universitys complicated history with the First Amendment and student expression - The New Political - March 3rd, 2025 [March 3rd, 2025]
- A free press makes a country free The First Amendment protects the liberty of all - Hawaii Tribune-Herald - March 3rd, 2025 [March 3rd, 2025]
- Whats the First Amendment Got to Do With It? The White Houses Associated Press Ban - Law.com - March 3rd, 2025 [March 3rd, 2025]
- Opinion | The First Amendment Isnt on Trumps Side - The Wall Street Journal - March 3rd, 2025 [March 3rd, 2025]
- Trump Tries To Carve Out a First Amendment Exception for 'Fake News' - Reason - March 3rd, 2025 [March 3rd, 2025]
- MTHS receives its 15th First Amendment Press Freedom Award - MLT News - March 3rd, 2025 [March 3rd, 2025]