Lawsuit Challenges National Park Service’s Filming Permit Regulations
On December 18, 2024, the Foundation for Individual Rights and Expression (FIRE) filed a lawsuit against the National Park Service (NPS) to challenge the restrictive and potentially unconstitutional permit system for filming in national parks. This legal action aims to protect the First Amendment rights of photographers and filmmakers like Alexander Rienzie and Connor Burkesmith.
The current NPS policy requires a permit for any “commercial” filming, regardless of the scale or impact of the activity. This rule affects everyone from major Hollywood productions to small-time YouTubers with smartphones. The lawsuit highlights the disparity between tourists, news reporters, and documentarians, where only the latter group faces potential fines or jail time for filming in public spaces within national parks.
Details of the Case:
- Plaintiffs: Alexander Rienzie and Connor Burkesmith planned to document a record-breaking climb in Grand Teton National Park. Their setup was minimal, using only handheld cameras and tripods.
- Permit Denial: Despite their small footprint, their permit was denied under the guise that their filming could be seen as promoting a “competitive event,” costing them a non-refundable $325 application fee.
- Legal Action: FIRE, along with the National Press Photographers Association (NPPA), argues that the permit system is arbitrary and infringes on First Amendment rights, seeking an injunction to halt such practices.
Quotes from the Stakeholders:
- Bob Corn-Revere, FIRE Chief Counsel: “The national parks belong to the American public. If you have a right to be there, you have a right to film there.”
- Connor Burkesmith: “Independent filmmakers don’t have the resources of big production companies. It’s a threat to my livelihood.”
Broader Implications:
- The lawsuit underscores the need for a policy that differentiates between major commercial projects and small, non-disruptive filming activities.
- It also brings attention to the freedom to document natural spaces, which could enhance public appreciation and advocacy for these areas.
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