Industry News
On December 18, the Foundation for Individual Rights and Expression (FIRE) and the National Press Photographers Association filed a lawsuit challenging the arbitrary and unconstitutional laws that require Americans to apply for a permit and pay costly fees before exercising their right to film in national parks.
The lawsuit stemmed from when filmmakers Alexander Rienzie and Connor Burkesmith wanted to film in Grand Teton National Park in September to document an attempt by athlete, Michelino Sunseri, to break the record for the fastest climb up the Grand Teton in Wyoming. They planned to have only two or three people, using small handheld cameras and tripods, on the 16-mile route for the shoot. In fact, to keep up with the fast pace of the speed run, they would carry less gear than the typical climber going up the mountain.
Because their work potentially could produce a documentary film and be “commercial use,” they were required to apply for a permit to document the attempt. However, their request was denied as NPS employees have wide and unquestioned discretion under the law to deny permits and pocketed the non-refundable $325 application fee.
The very next day after the lawsuit was filed, 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.
“This is fantastic news not just for Connor and I, but for all the outdoor filmmakers who struggled to navigate the outdated and arbitrary permit system,” Rienzie said in an email exchange. “We called on Congress to act, and they listened. We’re deeply grateful for the legislators on both sides of the aisle that stood up for free speech and the rights of Americans across the country.”
Currently, filmmakers must obtain 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. 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. Under the EXPLORE Act, that changes.
The EXPLORE Act, championed in the Senate by West Virginia Democrat Joe Manchin and Wyoming Republican John Barrasso, does several things to fix the constitutional problems with the permit scheme that FIRE is challenging. First, so long as the filming takes place where the public is allowed, doesn’t impact other visitors or damage park resources, and involves five or fewer people, no permit is required. Second, no permit is required simply because the filmmaker intends to make a profit. Third, no permit is needed to film activities that are already allowed in the park. And fourthly, the EXPLORE Act makes clear that when the National Park Service has already approved an event like a wedding to take place in a national park, no additional permit is needed to film or photograph the special occasion.
The passage of the EXPLORE Act marks a significant victory for filmmakers, photographers, and First Amendment advocates. With this reform, outdated and arbitrary permit rules that hindered creative and journalistic work in national parks are being addressed. Filmmakers can now focus on capturing stories that inspire and educate, free from the bureaucratic hurdles that once stifled their craft.
