Swamp Stomp
Volume 14, Issue 40
Earlier this year, the U.S. Forest Service submitted a proposal that if passed would enact the same criteria for commercial filming on federal wilderness property that is currently upheld on national forests and grasslands. On September 4th, The Federal Register sought comment on the proposal, and was confronted by many who believe such a proposal would restrict constitutional rights established by the First Amendment.
The U.S. Forest Service, however, remains adamant that the proposal would not hinder anyone’s constitutional rights if it is passed. Tom Tidwell, Chief of the U.S. Forest Service, claimed, “The U.S. forest Service remains committed to the First Amendment. The directive pertains to commercial photography and filming only. If you’re there to gather news or take recreational photography, no permit would be required.”
Furthermore, the U.S Forest Service sights the 1964 Wilderness Act, and claims that they, subsequently, have the “responsibility” to restrict some commercial activities to preserve the natural condition of established wilderness areas. The 1964 Wilderness Act defines wilderness areas by stating that “a wilderness, in contrast to those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” Today, approximately 110 million acres of land across the United States count as wilderness areas.
Public TV stations in Oregon and Idaho have already been asked to obtain permits from the Forest Service for both still and video photography. Furthermore, in order to maintain that the land stays “untrammeled by man,” restrictions prohibiting personal-use motor vehicles and mountain bikes would be put into effect.
Despite the Forest Service’s defense of the proposal, Republican Senators, as well as those others who are critical of the proposal, remain steadfast in their opposition. The top Republican on the Senate Energy and Natural Resource Committee, Alaska Senator Lisa Murkowski, claims, “This proposed regulation is just one example of the kind of federal overreach that comes when we lock up our public lands in wilderness designations. If the Forest Service is intent on moving forward with its proposed regulation, it must make clear that these types of activities are exempt.”
Wyoming Senator John Barrasso has also raised his concerns over the proposed regulations. He stated, “To me, it’s a direct violation of American’s rights. . . . It’s clear that the Forest Service believes that wilderness areas are government land. But it’s public land. This is public land.”
The amount of concern raised by the proposal has resulted in the November 3rd deadline for public comment to be pushed back 30 days. Tidwell claimed, “We’re looking forward to talking with journalists and concerned citizens to help allay some of the concerns we’ve been hearing and clarify what’s covered by this proposed directive.” He also noted that photographers, both professional and amateur, would not need a permit unless models, actors, or props were used, or if they work in areas that the public is generally not allowed. Tidwell also pointed out that the agency has required permits for years for several activities from cutting down Christmas Trees to filming major motion pictures, such as “The Lone Ranger” (2013).
The debate over whether or not such a proposal goes against American’s First Amendment rights looks set to heat-up over the coming weeks.