Congress reverses filming requirement 1 day after lawsuit is filed

One day after a lawsuit was filed over the issue, Congress reversed the federal government’s position on filming in national parks.

A report from the Foundation for Individual Rights and Expression explains that for years photographers and filmmakers have taken images inside the nation’s national parks.

Suddenly, however, the government started demanding special permits, costly special permits, for that activity.

So FIRE filed a lawsuit, and the next day, Congress started the process to reverse the requirement.

The case was brought after Alex Rienzie and Connor Burkesmith risked punishment for taking images of the Teton Trifecta, in Wyoming.

FIRE and the National Press Photographers Association sued, charging the government engaged in arbitrary and unconstitutional demands that Americans apply for a permit and pay costly fees before exercising their right to film in national parks,” the organization reported.

“The very next day, the U.S. Senate passed a bill addressing these same issues. The bill now goes to President Biden, who is expected to sign it in a huge victory for filmmakers — and for the First Amendment,” the organization explained.

The challenged practice was to require filmmakers to get a permit and pay a fee if they intend to later profit from their footage in national parks, even if they are using the same handheld camera or phone that a tourist would use.

And, FIRE confirmed, “Permits are routinely denied for arbitrary and unpredictable reasons, making it difficult for people like documentary filmmakers, press photographers, and wedding videographers to earn a living.:”

The report said the new EXPLORE Act, pushed by West Virginia Democrat Joe Manchin and Wyoming Republican John Barrasso, allows filming where the public is allowed as long as it doesn’t impact other visitors or damage the park.