One day after FIRE lawsuit, Congress passes changes to filming permits in national parks

On Wednesday, 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 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.

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. 

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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 parks 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 fourth, 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.

After filing, FIRE and NPPA took the story to the media and to Capitol Hill. FIRE looks forward to seeing this bill become law.