December 2022 - Parks & Recreation - 33

one side of any issue. "
Further, in the opinion of the court,
the NPS distinction between commercial
and non-commercial filming
did not " undermine the NPS's rationale
for requiring a permit " to manage
and protect park resources:
It follows that a commercial film
production is likely to involve more
activities that are disruptive to
park operations and are more likely
to cause damage to park resources
than does a non-commercial
film production. Therefore, the distinction
between commercial and
non-commercial filming
seems
reasonably related to the Government's
interests.
Moreover, in the opinion of the
court, the NPS permit requirement
was not " facially unreasonable " based
upon the mere possibility that park
resource purposes may have been
more effectively achieved through
permit requirements that did not
distinguish between commercial and
non-commercial filming. In reaching
this conclusion, the appeals court
recognized the appropriate limited
role of judicial review that lacked
" the competence to judge how much
protection of [parklands] is wise and
how that level of conservation is to
be attained. "
Conclusion
While acknowledging filmmaking
is protected by the First Amendment,
the federal appeals court
concluded the " specific
speechprotective
rules of a public forum
apply only to communicative activity. "
As a result, the federal appeals
court held the challenged NPS
" regulations governing filmmaking
on
government-controlled
property
need only be reasonable. " In
this particular instance, the appeals
court found the NPS permit-andfee
requirements for commercial
filmmaking on NPS land were indeed
reasonable and, therefore,
constitutional.
Accordingly, the
federal appeals court ordered the
district court to vacate its earlier
judgment in favor of Price and enter
judgment in favor of the defendant
federal government.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Professor
emeritus in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
Creating
Equity-Based System
Master Plans
NRPA's online tool can help you
create master plans grounded in
equity and inclusion.
nrpa.org/ParkMasterPlanning
PARK S ANDRECRE AT ION . OR G | DECEMBER 2 0 22 | Parks & Recreation
33
https://mason.gmu.edu/~jkozlows/lawarts/artlist.htm http://www.nrpa.org/ParkMasterPlanning

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
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