December 2022 - Parks & Recreation - 28

LAW REVIEW
In the case of Price v. Garland,
Plaintiff Gordon Price claimed
a National Park Service permit
and fee requirement was " facially
unconstitutional under the First
Amendment to the Constitution of
the United States. "
Constitutionality of Filmmaking
Regulations in National Parks
By James C. Kozlowski, J.D., Ph.D.
I
n the case of Price v. Garland, 2022 U.S. App. LEXIS 23486 (D.C.
Cir. 8/22/2022), Plaintiff Gordon Price, an independent filmmaker,
claimed a National Park Service (NPS) permit and fee requirement
was " facially unconstitutional under the First Amendment to
the Constitution of the United States. " Price had been charged with a
misdemeanor (later dismissed) for filming parts of a feature film on NPSadministered
land without having obtained the required permit and having
paid the required fee.
Price is a part-time independent
filmmaker. In 2018, he released
Crawford Road, a film about a stretch
of road in York County, Virginia,
that was the location of unsolved
murders and long rumored to be
haunted. Price filmed scenes on the
Yorktown Battlefield in the Colonial
National Historical Park. Crawford
Road premiered in October 2018 to
an audience of about 250 people in
Newport News, Virginia. A couple
of months later, NPS officers issued
Price a " violation notice " for failing
to obtain the required commercial
filming permit.
Federal District Court
In federal district court, Price moved
to dismiss the charge, claiming the
federal law and implementing NPS
regulations for his misdemeanor
28 Parks & Recreation | DECEMBER 2 0 22 | PARK S ANDRECRE AT ION . OR G
charge
were
unconstitutional.
Instead of litigating this question,
the federal government dismissed
the
have the federal
charge. Price then sued to
district
declare these NPS-implementing
regulations
issue an injunction
their future enforcement.
The federal district court granted
Price's request for a declaratory
judgment and injunction. In so
doing, the district court held the NPS
" permit-and-fee
requirements do
not satisfy the heightened scrutiny
applicable to restrictions on speech
in a public forum. " Within the
context of the First Amendment,
the district court found the NPS
permit-and-fee requirements at issue
court
unconstitutional and
prohibiting

December 2022 - Parks & Recreation

Table of Contents for the Digital Edition of December 2022 - Parks & Recreation

December 2022 - Parks & Recreation - Intro
December 2022 - Parks & Recreation - Cover1
December 2022 - Parks & Recreation - Cover2
December 2022 - Parks & Recreation - 1
December 2022 - Parks & Recreation - 2
December 2022 - Parks & Recreation - 3
December 2022 - Parks & Recreation - 4
December 2022 - Parks & Recreation - 5
December 2022 - Parks & Recreation - 6
December 2022 - Parks & Recreation - 7
December 2022 - Parks & Recreation - 8
December 2022 - Parks & Recreation - 9
December 2022 - Parks & Recreation - 10
December 2022 - Parks & Recreation - 11
December 2022 - Parks & Recreation - 12
December 2022 - Parks & Recreation - 13
December 2022 - Parks & Recreation - 14
December 2022 - Parks & Recreation - 15
December 2022 - Parks & Recreation - 16
December 2022 - Parks & Recreation - 17
December 2022 - Parks & Recreation - 18
December 2022 - Parks & Recreation - 19
December 2022 - Parks & Recreation - 20
December 2022 - Parks & Recreation - 21
December 2022 - Parks & Recreation - 22
December 2022 - Parks & Recreation - 23
December 2022 - Parks & Recreation - 24
December 2022 - Parks & Recreation - 25
December 2022 - Parks & Recreation - 26
December 2022 - Parks & Recreation - 27
December 2022 - Parks & Recreation - 28
December 2022 - Parks & Recreation - 29
December 2022 - Parks & Recreation - 30
December 2022 - Parks & Recreation - 31
December 2022 - Parks & Recreation - 32
December 2022 - Parks & Recreation - 33
December 2022 - Parks & Recreation - 34
December 2022 - Parks & Recreation - 35
December 2022 - Parks & Recreation - 36
December 2022 - Parks & Recreation - 37
December 2022 - Parks & Recreation - 38
December 2022 - Parks & Recreation - 39
December 2022 - Parks & Recreation - 40
December 2022 - Parks & Recreation - 41
December 2022 - Parks & Recreation - 42
December 2022 - Parks & Recreation - 43
December 2022 - Parks & Recreation - 44
December 2022 - Parks & Recreation - 45
December 2022 - Parks & Recreation - 46
December 2022 - Parks & Recreation - 47
December 2022 - Parks & Recreation - 48
December 2022 - Parks & Recreation - 49
December 2022 - Parks & Recreation - 50
December 2022 - Parks & Recreation - 51
December 2022 - Parks & Recreation - 52
December 2022 - Parks & Recreation - 53
December 2022 - Parks & Recreation - 54
December 2022 - Parks & Recreation - 55
December 2022 - Parks & Recreation - 56
December 2022 - Parks & Recreation - Cover3
December 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com