Filmmakers Sue Feds, Calling This National Park Rule 'Unconstitutional'

Two filmmakers have filed a lawsuit in Wyoming federal court over an “unconstitutional” national park rule, claiming it violates their First and Fifth Amendment rights. Connor Burkesmith and Alexander Rienzie accuse the National Parks Services of censoring free speech by requiring permits and advance permission to film commercial content on park property.

In a statement, Burkesmith lamented that the rules are particularly unfair to “independent filmmakers [who] don’t have the resources of the big production companies.” He continued: “It’s a gut punch every time we throw down hundreds of dollars [for application fees], only to be denied permits for reasons that are vague, arbitrary and unfair. As someone who needs to film outdoor sports where they happen, it’s a threat to my livelihood.”

Permit fees took root in 2000 when lawmakers decided to pass new regulations about filming on federal land after major Hollywood studios had increasingly brought their projects to national parks. Application fees were instituted to provide the government a “fair return” on a given project based on the duration of the shoot, the number of cast and crew members, and the equipment used.

Burkesmith and Rienzie were denied permits back in August to shoot an attempt at breaking the world record for the fastest ascent of a mountain in Grand Tetons National Park. They were able to film the attempt without permits, using small handheld cameras and minimal equipment to capture the feat from publicly accessible areas of the park. However, they’ve yet to fully commercialize the footage because of the laws surrounding filming in national parks.

The filmmakers argue that the laws “do not serve any legitimate governmental interest in protecting national park resources. A tourist recording video in a national park with a hand-held camera or cell phone is not required to obtain a permit, but he may become subject to the law if he later posts the video on YouTube, which pays some users for popular content.” 

The laws do not require permits for “news-gathering purposes,” or for filming in a public area of the park without use of special equipment. Burkesmith and Rienzie call these “arbitrary distinctions” in their lawsuit. “In implementing the rules, park officials have imposed permit requirements and denied permits based solely on the content or message of the work created,” the complaint reads.

“The national parks belong to the American public,” Bob Corn-Revere, a lawyer with the Foundation for Individual Rights and Expression who is representing Burkesmith and Rienzie. “If you have a right to be there, you have a right to film there. The federal government can’t tax Americans to exercise their constitutional rights.”