First Amendment

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 solely 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.

 

Ground level view of the First Amendment Area at Friendship Hill National Historic Site

NPS/C. Arnold

 

First Amendment Area

The designated area for First Amendment permittees is located down in the main parking lot, in the grassy area. Pictures show the area from above and at ground level. Please contact the Special Use Permit Coordinator if you have any questions or want to submit an application!