Arizona #39;s New "Revenge Porn" Law Draws a Lawsuit on First Amendment Grounds
Arizona #39;s New "Revenge Porn" Law Draws a Lawsuit on First Amendment Grounds.
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Arizona's New "Revenge Porn" Law Draws a Lawsuit on First Amendment Grounds - Video
A view of the 1,234-square-mile Joshua Tree National Park is seen April 7, 2008, in southeastern California. A large part of the park is designated to wilderness area. Gabriel Bouys/AFP/Getty Images
SEATTLE -- The U.S. Forest Service is proposing permanent new rules that would require media organizations to obtain a permit to film and shoot photographs in more than 100 million acres of the nation's wilderness.
Under the plan, the Forest Service would consider the nature of a proposed project before approving a special use permit then charge fees of up to $1,500 for commercial filming and photography in federally designated wilderness areas.
Mickey H. Osterreicher, general counsel for the National Press Photographers Association, said such rules would be a clear violation of the First Amendment and raises concerns about press freedom, including whether denying a permit would amount to prior restraint.
"What if they deny you a permit because they don't like the story you're working on?" he asked.
Liz Close, the Forest Service's acting wilderness director, said the Wilderness Act of 1964 prohibits commercial enterprise in wilderness.
The rules exclude breaking news situations, defined as "an event or incident that arises suddenly, evolves quickly, and rapidly ceases to be newsworthy."
But Osterreicher said the agency ignores big distinctions between editorial and commercial use and also should not be allowed to define what constitutes breaking news.
"We're headed down a really slippery slope if we allowed the government to include editorial and news gathering activities in commercial use," he said.
Close said the current rules have been in place for 48 months, and the proposal released this month would make those guidelines permanent. Public comments are due by Nov. 3.
Sunset in the Boundary Waters. Sean Collins
A picture in a national forest might cost you $1,000 if you snap it without a permit. Is this a threat to First Amendment rights?
The U.S. Forest Service is finalizing rules that will require journalists and photographers to have permission before taking a picture or shooting a video in a wilderness like the BWCA,the Oregonian reports.
Its pretty clearly unconstitutional, said Gregg Leslie, legal defense director at the Reporters Committee for Freedom of the Press in Alexandria, Va. They would have to show an important need to justify these limits, and they just cant.
The rules appear to apply only to reporters and photographers who are working on stories that may not be friendly to practices in the wilderness. They would still allow for breaking news coverage of fires and rescues.
With smartphones blurring the lines between reporters and camera crews, U.S. Sen. Ron Wyden, an Oregon Democrat, said the agency should tread more carefully.
The Forest Service needs to rethink any policy that subjects noncommercial photographs and recordings to a burdensome permitting process for something as simple as taking a picture with a cell phone, Wyden said. Especially where reporters and bloggers are concerned, this policy raises troubling questions about inappropriate government limits on activity clearly protected by the First Amendment.
Most of the countrys wilderness is in the West. Nearly 50 wilderness areas have been designated in Oregon, including wide stretches of land around Mount Hood, Mount Jefferson and Mount Washington.
The rules allow exceptions only for breaking news coverage of events like fires and rescues. Theyre more stringent than similar policies on wilderness areas managed by a different federal agency, the Bureau of Land Management.
The BLM does not require any special permit for newsgathering in wilderness areas.
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Forest Service clamps down on photography in wilderness
Future of the First Amendment
Educators and other experts discuss a new Knight Foundation national survey showing that the more students use digital media, the more they defend First Amen...
By: Newseum
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Future of the First Amendment - Video
The U.S. Forest Service has tightened restrictions on media coverage in vast swaths of the country's wild lands, requiring reporters to pay for a permit and get permission before shooting a photo or video in federally designated wilderness areas.
Under rules being finalized in November, a reporter who met a biologist, wildlife advocate or whistleblower alleging neglect in any of the nation's 100 million acres of wilderness would first need special approval to shoot photos or videos even on an iPhone.
Permits cost up to $1,500, says Forest Service spokesman Larry Chambers, and reporters who don't get a permit could face fines up to $1,000.
First Amendment advocates say the rules ignore press freedoms and are so vague they'd allow the Forest Service to grant permits only to favored reporters shooting videos for positive stories.
"It's pretty clearly unconstitutional," said Gregg Leslie, legal defense director at the Reporters Committee for Freedom of the Press in Alexandria, Va. "They would have to show an important need to justify these limits, and they just can't."
Liz Close, the Forest Service's acting wilderness director, says the restrictions have been in place on a temporary basis for four years and are meant to preserve the untamed character of the country's wilderness.
Close didn't cite any real-life examples of why the policy is needed or what problems it's addressing. She didn't know whether any media outlets had applied for permits in the last four years.
She said the agency was implementing the Wilderness Act of 1964, which aims to protect wilderness areas from being exploited for commercial gain.
"It's not a problem, it's a responsibility," she said. "We have to follow the statutory requirements."
The Forest Service's previous rules caused a fuss in 2010, when the agency refused to allow an Idaho Public Television crew into a wilderness area to film student conservation workers. The agency ultimately caved to pressure from Idaho Gov. C.L. "Butch" Otter.
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Forest Service says media needs photography permit in wilderness areas, alarming First Amendment advocates