Park Service Free Speech - NR&E | Spring 2011
On August 6, 2010, the United States Court of Appeals for the D.C. Circuit reversed a decision of the federal district court, finding that the National Park Service’s (NPS) regulations for general demonstration and literature distribution under 36 C.F.R. §§ 2.51 and 2.52 were unconstitutional. The Court struck down the regulations in their entirety because the regulations required permits for small groups and individual demonstrations and leafleting in NPS-designated “free speech” areas. This decision may impact other federal land management agencies and their regulations concerning leaflet distribution and public demonstration activities on federal or public lands.