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Filming permit draws criticism

Glacier Peak is covered in snow behind Image Lake in Washington state's Glacier Peak Wilderness. The Forest Service is proposing permits be required for wilderness filming.

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 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.

“This is the opportunity for the public and news organizations to work with us to make sure that our directive is the way we want it,” she said.

Those who violate the rules could face fines up to $1,000, The Oregonian reported.

“This isn’t even about fees,” said Steve Bass, president and CEO of Oregon Public Broadcasting, whose employees have run into permit issues. “It’s really the principle. Does the government get to decide what’s newsworthy and what’s not newsworthy? It’s my understanding of the First Amendment that they don’t get to decide that.”

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