Filmmakers Sue to End “Unconstitutional” Permitting Rules to Shoot in National Parks

Filmmakers Sue to End “Unconstitutional” Permitting Rules to Shoot in National Parks

As a passionate filmmaker and outdoor enthusiast, I find myself deeply moved by the plight of Alexander Rienzie and Connor Burkesmith, two brave souls who are standing up against government regulations that seem to be more of a hindrance than a help. Having spent countless hours in national parks capturing the raw beauty and thrill of nature on film, I can empathize with their struggles.

Two movie creators are taking legal action to challenge regulations that necessitate obtaining a permit before filming within national parks.

As a passionate gamer, I recently found myself at the heart of an intriguing legal matter. On Wednesday, in a federal court in Wyoming, my friends Alexander Rienzie and Connor Burkesmith and I stood up against certain regulations. We’re questioning the constitutionality of permit and fee requirements for federal parks, based on our First Amendment rights. In essence, we’re claiming that the National Park Service is stifling our freedom of speech by demanding prior approval to create commercial content within their parks.

In a statement, Burkesmith emphasized that “independent filmmakers lack the financial backing of major production studios.” He went on to say, “It’s disheartening when we invest hundreds of dollars, only to be denied permits for unclear, seemingly random, and unfair reasons. Given my requirement to film outdoor sports events as they occur, it poses a significant risk to my ability to earn a living.

The permitting system was established in the year 2000, following the passage of a law that regulated commercial filming on federal lands due to large movie studios frequently shooting in national parks. The fees collected are designed to offer a “fair compensation” to the government, based on factors such as the length of production, size of the film crew, and the quantity and kind of equipment used.

Previously, a legal action has been taken claiming that it’s against the constitution to impose fees for shooting videos in national parks. In 2019, independent director Gordon Price took legal action against the government after receiving a citation for filming without a permit in publicly accessible areas of the Yorktown Battlefield within Colonial National Historical Park, Virginia. In this case, a federal appeals court ruled that cinematography in a national park does not fall under the First Amendment protections, overturning his earlier victory at the district court level.

At the heart of this legal case lies the question of whether a project’s commercial character can be considered a content-based limitation that infringes upon freedom of speech guarantees, much like the central issue in the dispute at hand.

In August, Rienzie and Burkesmith were refused a permit to record an attempt to set a new speed record for climbing Grand Teton National Park’s mountains. However, they chose to film their attempt from areas within the park that are accessible to the public using compact handheld cameras and only essential equipment. As of now, they have not fully marketed this content because the National Park Service has warned them about potential criminal charges for doing so.

The lawsuit highlights “unfair separations” in the film permitting system, where authorization is granted for photography or news coverage but not for video intended for commercial use. It argues that this setup allows park officials to exercise too much subjective judgment when denying applications, supposedly due to vague and uncertain reasons.

According to the complaint, the regulations do not have a valid reason for safeguarding national park resources. A tourist using a handheld camera or cell phone to record video in a national park is not obligated to secure a permit; however, they could be subject to the law if they subsequently upload that video onto YouTube, where some users receive payment for popular content.

According to the law, you usually don’t need permits for newsgathering tasks like taking pictures in public areas within national parks, unless specialized equipment not commonly found in these parks is used. However, the complaint states that there are no specific rules limiting park officials’ discretion in deciding what counts as newsgathering or who can be considered media personnel.

As a gamer, imagine this: If three different individuals – a traveler, a journalist, and a movie director – each captured the same breathtaking view in a national park using identical gear, the lawsuit states that only the filmmaker would face needing a permit and paying a fee if their purpose was deemed commercial instead of news-related.

According to the complaint, park officials have enforced regulations by requiring permits and refusing them strictly based on the theme or expression contained within the artwork produced.

The legal action alleges breaches of the First and Fifth Constitutional Amendments. It asks the court to rule that certain permit and fee regulations are unlawful, and that filming within national parks is a legally safeguarded activity.

Bob Corn-Revere, an attorney at the Foundation for Individual Rights and Expression speaking on behalf of the trade group, stated that America’s national parks are owned by the public. He argued that if you have the right to be in a place, then you also have the right to record there. The government can’t impose taxes on citizens to restrict their constitutional rights.

According to the president of the National Press Photographers Association, Carey Wagner, it’s been observed that the NPS has not always given photographers their full First Amendment rights as they should. Additionally, this organization is one of the parties involved in the ongoing legal action.

National Park Service didn’t respond to a request for comment.

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2024-12-19 03:24