Federal court strikes down Interior Department rule requiring paid permit to film in national parks

A federal judge has struck down a portion of the Interior Department's film-requirements, ruling that the National Park Service cannot require commercial filmmakers to obtain a paid permit to shoot video on National Park System lands, saying that such a rule violates filmmakers' First Amendment rights.

"In her ruling, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia declared that the statute and enacting regulations that require those engaged in 'commercial filming' to obtain permits and pay certain fees are unconstitutional," the National Press Photographers Association reports. "The court also found that the permit rules restrict speech in public forums, including the many National Park locations that are already considered traditional public forums such as the National Mall. The court found that the rules were content-based restrictions on speech, subject to strict scrutiny. Likewise, she found, the regulations and underlying reasons offered by the government—namely obtaining a 'fair market' payment on top of any administrative costs—do not meet that scrutiny."