Peter DeFazio: 'Strong concerns' remain for Forest Service's wilderness photo rules

The Oregonian
By Ros Davis
September 29, 2014

Rep. Peter DeFazio and three other congressional leaders said Monday they still have deep concerns about the constitutionality of a U.S. Forest Service proposal restricting wilderness photography.

The Forest Service faced nationwide outrage last week over plans to require a permit for photography and filming in vast swaths of the country's federally designated wilderness areas. Its chief, Tom Tidwell, backed off late Thursday, saying his agency respected the First Amendment and wouldn't restrict media or amateur photographers' access.

But the onslaught of criticism has continued.

As written, the proposal would allow special permits to be granted for commercial filming in wilderness only to share information about the "use and enjoyment of wilderness" or its scientific, educational, historic or scenic values.

DeFazio, D-Ore., Rep. Doc Hastings, R-Wash., Rep. Raul Grijalva, D-Ariz., and Rep. Rob Bishop, R-Utah, the top leaders in the House Natural Resources Committee, said that requirement was "constitutionally questionable" and should be rescinded.

"We do not believe the Forest Service, or any other agency, should be in the business of determining what type of information can be disseminated to the public," they said in a Monday letter to Tidwell.

Mickey Osterreicher, general counsel for the National Press Photographers Association, said the provision was just one example of the gaps between Tidwell's promises Thursday and the Forest Service's written proposal.

Tidwell told the Associated Press last week that the plan didn't apply to still photography. The proposal repeatedly says it does.

"If you go in to buy a car, are you going to believe what the contract says or are you going to go with what the salesperson tells you?" Osterreicher asked. "We look at this proposed directive the same way."

The Forest Service has extended public comment on the proposal until Dec. 3. Those interested can comment here.

-- Rob Davis