First Amendment - Demonstrations and Distribution of Materials
First Amendment Activities
See regulations: 36 CFR 2.51, 2.52, 7.96
Frequently Asked Questions
The NPS will authorize the use of parklands for public assemblies, meetings, demonstrations, religious activities, and other public expressions of views protected by the U.S. Constitution’s First Amendment. All requests for similar activities by disparate applicants are treated equally. If permit criteria and requirements are met, no group wishing to lawfully assemble will be discriminated against or denied the right of assembly. A permit may be used to regulate the time, location, number of participants, use of the facilities, and number and type of equipment used to protect park resources, but not the content of the message presented.
The regulations governing First Amendment activities for most parks are found at 36 CFR 2.51, 2.52. For parks in the District of Columbia, and certain parks in Maryland and Virginia see 36 CFR 7.96. Parks should read and follow the applicable regulation closely while developing the permit program. Before applications are received, Administrative decisions are required, such as designating First Amendment areas and making these decisions public through documents such as the Superintendent’s Compendium.
The regulations regarding First Amendment activity are very specific and nuanced. Before issuing a permit for these activities, the Park Manager and staff should be familiar and up to date with current regulations and policies. Parks should consult with their regional staff, WASO staff, and Solicitor (SOL) for guidance before denying a First Amendment permit.
When permits are issued for First Amendment activities, there are no fees or costs, and no insurance is required for the activities. However, Parks may collect after the event when documented damage occurs. Before issuing a bill of collection, parks should consult with WASO and the SOL office.
36 CFR 2.51(c) calls for the designation of areas available for demonstrations and the sale or distribution of printed matter and the free distribution of other message bearing items and sets criteria for designation.
48 Fed. Reg. 30272-30273 states: The Service intends that printed matter include textual printed material such as books, pamphlets, magazines, and leaflets whose primary purpose is the advocacy, definition or explanation of a group's or individual’s political, religious, scientific or moral beliefs. It cannot be soley commercial advertising, which is prohibited in 36 CFR 5.1.
Specific examples of activities that fall under First Amendment rules include the following:
- Distribution of printed matter
- Demonstrations
- Speechmaking
- Marching
- Religious services
A few highlights of 2.51 and 2.52, but not inclusive:
- A small group of 25 people or less (36 CFR 2.51(b)) in most cases is not required to obtain a First Amendment Permit if they are located within a park designated First Amendment site and have no more than leaflets, booklets and/or handheld signs.
- A group of more than 25 people is required to obtain a First Amendment Permit even if they are utilizing a park designated First Amendment site.
- Small group areas for activities in both 2.51 and 2.52 need to be designated. They can be in the same area. Both activities need to be listed in the Superintendent’s Compendium.
36 CFR 2.52 has been updated to contain the information in Policy Memo 14-01. Consider starting by reading over the Frequently Asked Questions for further clarification.
What is a Special Event?
Special events are activities such as weddings, memorial services, pageants, spectator attractions, entertainment, ceremonies, automobile/motorcycle club rallies, organized tours or rides, large group camps or rendezvous, which fall under the category of privileges. Special events differ from public assemblies and public meetings in that the latter activities are rights protected by the First Amendment. If the activity is an expression of First Amendment rights, and the group size is less than 25 people, a permit is not required.
Who Needs a Permit?
The authority for the management of special events in a national park site can be found in Title 54, U.S. Code and Title 36, Code of Federal Regulations, 2.50.
2006 National Park Service Management Policies and Director's Order 53 Special Park Uses provide policy guidance for management of special event activities.
The following guidelines are established by the 2006 National Park Service Management Policies as they relate to special event activities within this unit of the National Park Service.
A special park use is a short-term activity that takes place in a park area and that:
- Provides a benefit to an individual, group or organization rather than the public at large;
- Requires written authorization and some degree of management control from the NPS in order to protect park resources and the public interest;
- Is not prohibited by law or regulation;
- Is not initiated, sponsored, or conducted by the NPS;
- Is not managed under a concession contract.
Special use permits for special events will not be issued, if in the opinion of the Superintendent, the special event will:
- Cause injury or damage to park resources.
- Be contrary to the purposes for which the park was established, or unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural or cultural locations within the park.
- Unreasonably interfere with the interpretive, visitor service, or other program activities, or with administrative activities.
- Substantially impair the operation of public facilities or services of NPS concessionaire or contractors.
- Present a clear and present danger to public health and safety.
- Result in significant conflict with other existing uses.
How Do I Apply for a Permit?
All applications will be handled in the order they are received. Standard requests are processed in 30 business days. Requests that involve multiple locations, complex logistics, and coordination with other NPS divisions or visitor activities may require a longer process time. Permits for projects that need additional environmental compliance will also take a longer time to process.
The application fee is $75. Additional fees for monitoring or other cost recovery may be charged if the permit is approved.
Application Forms
Form 10-930 Application for Special Use Permit
36 § 2.51 Demonstrations and designated available park areas.
(a) Demonstrations. The term “demonstrations” includes demonstrations, picketing, speechmaking, marching, holding vigils or religious services, and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers. This term does not include casual park use by visitors or tourists that is not reasonably likely to attract a crowd or onlookers.
(b) Permits and the small group permit exception. Demonstrations are allowed within park areas designated as available under paragraph (c)(2) of this section, when the superintendent has issued a permit for the activity, except that:
(1) Demonstrations involving 25 persons or fewer may be held without a permit within designated park areas, provided that:
(i) None of the reasons for denying a permit that are set out in paragraph (f) of this section are present;
(ii) The group is not merely an extension of another group already availing itself of the small group permit exception under this provision;
(iii) They will not unreasonably interfere with other permitted demonstrations and special events, or park program activities; and
(iv) Hand-carried signs may be used, but stages, platforms, or structures may not be used.
(2) While it is not mandatory, the organizer is requested to provide reasonable notice of the proposed event to the park superintendent, including whether there is any reason to believe that there may be an attempt to disrupt, protest, or prevent the activity.
(3) The 25-person maximum for the small group permit exception may be reduced for a designated available area, but only if:
(i) A written determination that a 25-person group cannot be reasonably physically accommodated within that area is approved by the regional director; and
(ii) The written determination is made available at the office of the superintendent and by public notice under § 1.7 of this chapter.
(4) In the event that two or more groups taking advantage of the small group permit exception seek to use the same designated available area at the same time, and the area cannot reasonably accommodate multiple occupancy, the superintendent will, whenever possible, direct the later-arriving group to relocate to another nearby designated available area.
(c) Designated available park areas.
(1) Locations may be designated as available for demonstrations under this section, and for the sale or distribution of printed matter and the free distribution of other message-bearing items under § 2.52, only if these activities would not:
(i) Cause injury or damage to park resources;
(ii) Unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural, historic, or commemorative zones;
(iii) Unreasonably interfere with interpretive, visitor service, or other program activities, or with the administrative activities of the National Park Service;
(iv) Substantially impair the operation of public use facilities or services of National Park Service concessioners, holders of commercial use authorizations, or contractors;
(v) Present a clear and present danger to the public health and safety; or
(vi) Be incompatible with the nature and traditional use of the particular park area involved.
(2) The superintendent must designate on a map, which must be available in the office of the superintendent and by public notice under § 1.7 of this chapter, the locations designated as available for demonstrations, the sale or distribution of printed matter, and the free distribution of other message bearing items.
(d) Application for permit. A permit application must provide:
(1) The name of the applicant or the name of the organization (if any);
(2) The date, time, duration, nature, and place of the proposed event;
(3) An estimate of the number of persons expected to attend;
(4) A statement of equipment and facilities to be used;
(5) Whether there is any reason to believe that there will be an attempt to disrupt, protest, or prevent the event; and
(6) Any other information required by the permit application form.
(e) The superintendent must not accept an application more than one year before the proposed event (including time required for set-up); applications received more than a year in advance will be returned to the applicant.
(f) Processing the application. The superintendent must issue a permit or a written denial within ten days of receiving a complete and fully executed application. A permit will be approved unless:
(1) The superintendent has granted or will grant a prior application for a permit for the same time and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area;
(2) It reasonably appears that the event will present a clear and present danger to public health or safety;
(3) The event is of such nature or duration that it cannot reasonably be accommodated in the particular location applied for, considering such things as damage to park resources or facilities, impairment of a protected area's atmosphere of peace and tranquility, interference with program activities, or impairment of public use facilities;
(4) The location applied for has not been designated as available under paragraph (c)(2) of this section;
(5) The application was submitted more than one year before the proposed event (including set-up); or
(6) The activity would constitute a violation of an applicable law or regulation.
(g) Written denial of permit. If a permit is denied, the superintendent will inform the applicant in writing of the denial and the reasons for it.
(h) Permit conditions. The permit may contain conditions reasonably consistent with the requirements of public health and safety, protection of park resources, and the use of the park area for the purposes for which it was established. It may also contain reasonable limitations on the equipment used and the time and area within which the event is allowed.
(i) Permit duration.
(1) Permits may be issued for a maximum of 14 consecutive days.
(2) A permit may be extended for up to 14 days, but a new application must be submitted for each extension requested.
(3) The extension may be denied if another applicant has requested use of the same location and the location cannot reasonably accommodate multiple occupancy.
(j) Violation prohibited. Violation of these regulations or the terms of the permit is prohibited.
(k) Permit revocation, termination of small group exception.
(1) The superintendent may revoke a permit for any violation of its terms and conditions.
(2) The superintendent may revoke a permit, or order a small group permit exception activity to cease, when any of the conditions listed in paragraph (f) of this section exist.
(3) The superintendent will make the revocation or order to cease in writing, with the reasons clearly set forth. In emergency circumstances the superintendent will make an immediate verbal revocation or order to cease, followed by written confirmation within 72 hours.
[75 FR 64153, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013; 80 FR 36476, June 25, 2015; 83 FR 2068, Jan. 16, 2018]
