THE FIRST AMENDMENT AND PHOTOGRAPHY

DISCLAIMER: THIS IS NOT LEGAL ADVICE  – EACH STATE HAS DIFFERENT LAWS

The First Amendment grants us the right to photograph in public spaces. This is a cornerstone of a free and open society. This right upholds our fundamental ability to document and share the world around us.

It’s important to stay aware and considerate, acknowledging the legal and moral guidelines that dictate how we utilize photography.

NATIONAL PARKS STILL PHOTOGRAPHY AND FILMING

Filming and Photography on Federal Lands

Public Law 118-234, also known as the EXPLORE Act, changes how the National Park Service manages filming, photography, and audio recording in park areas, primarily allowing these activities without permits for groups of eight or fewer under certain conditions. It aims to simplify the process for individuals engaging in these activities while ensuring minimal impact on park resources and visitors.

NO PERMITS AND NO FEES UNDER THESE CIRCUMSTANCES

In order to avoid permit and fee requirements, the filming, still photography, or audio recording must meet all of the following conditions:

  • Occurs in areas open to the public;
  • Uses hand-carried equipment only;
  • Does not require exclusive use of a site;
  • Does not adversely impact park resources, values, or other visitors; and
  • Is not likely to result in additional administrative costs for the National Park Service.

If even ONE of those is NOT true:

You likely need a permit.

LINK TO THE FULL INFORMATION

On January 4, 2025, the EXPLORE Act was signed into law (Public Law 118-234) and has been codified at 54 U.S.C. 100905. Section 125 of the Act changed how the National Park Service will manage filming, photography, and audio recording in park areas.

COURT RULING NATIONAL PARK PHOTOGRAPHY

UPDATE FROM AN OLD RULING: Nov. 28, 2022 – National parks update: After the appellate ruling in Price v. Garland, the National Park Service has rescinded its interim guidance and is back to requiring permits for commercial filming.

Parks still are not allowed to require a permit for low-impact still photography. (see 43 C.F.R. 5.4). If you need more information or have problems working in national parks or other federal lands, contact NPPA’s attorneys Mickey Osterreicher, lawyer@nppa.org and Alicia Calzada, advocacy@nppa.org.

The Voice of Visual Journalists

MORE INFORMATION TO FOLLOW

THIS IS NOT LEGAL ADVICE. CONSULT AND ATTORNEY. EACH STATE HAD DIFFERENT LAWS.