Transit Systems, Advertising, and Free Speech: Lawsuit Puts Big Debate to the Test

The ACLU is bringing a lawsuit against SEPTA, saying the transit agency's advertising policy runs afoul of the First Amendment. Some $16 million in annual revenue is at stake.

1 minute read

May 3, 2018, 7:00 AM PDT

By James Brasuell @CasualBrasuell


Bus Service

Tupungato / Shutterstock

The Southeastern Pennsylvania Transportation Authority (SEPTA) generates $16 million a year in revenue by allowing companies to advertise on buses, trains, and in stations around the system. That flow of cash introduces ethical questions, however, that have precipitated a lawsuit by the American Civil Liberties Union (ACLU).

"The ACLU of Pennsylvania filed suit Wednesday morning against SEPTA on behalf of the Center for Investigative Reporting," reports Jim Saksa. The Center for Investigative Journalism, "wanted to run a series of ads highlighting a story on racial disparities in mortgage lending," according to Saksa, but SEPTA rejected the ads for being 'political in nature' and for and for 'expressing or advocating an opinion, position or viewpoint on matters of public debate about economic, political, religious, historical or social issues.'

SEPTA's role as a government entity complicates the question of whether these advertisements are free speech. SEPTA has released an email in response to the lawsuit, saying its advertising policy is constitutionally sound, but now a judge will decide if that's true.

"If the ACLU wins, SEPTA may decide to end advertisements rather than place ads that scare off riders," according to Saksa. "In that case, the cost of free speech will be no speech at all, and a loss of $16 million in revenue."

Wednesday, May 2, 2018 in PlanPhilly

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 10, 2025 - Diana Ionescu

A line of white wind turbines surrounded by wheat and soybean fields with a cloudy blue sky in the background.

Wind Energy on the Rise Despite Federal Policy Reversal

The Trump administration is revoking federal support for renewable energy, but demand for new projects continues unabated.

7 hours ago - Fast Company

Red and white Caltrain train.

Passengers Flock to Caltrain After Electrification

The new electric trains are running faster and more reliably, leading to strong ridership growth on the Bay Area rail system.

April 15 - Office of Governor Gavin Newsom

View up at brick Catholic church towers and modern high-rise buildings.

Texas Churches Rally Behind ‘Yes in God’s Back Yard’ Legislation

Religious leaders want the state to reduce zoning regulations to streamline leasing church-owned land to housing developers.

April 15 - NBC Dallas