First Amendment Activities

First Amendment Activities

Freedom of speech, press, religion, and assembly are constitutional rights. However, federal regulations recognize that activities associated with the exercise of these rights may be reasonably managed to protect park resources. The authority to manage these activities is 36 CFR §2.51 and §2.52. The tool used to manage these activities is a Special Use Permit. First Amendment activities include, but are not limited to:

• Public demonstrations, picketing, speechmaking, marching, holding vigils, etc.
• Religious services
• Distribution and/or sale of printed matter or other message bearing items that are related to the above activities and are not solely commercial in nature
• All other 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 of onlookers.

The necessity to obtain a permit to conduct First Amendment activities is determined by the group size and/or location of the proposed activity. Groups without permits may be allowed use of a First Amendment area on a first come, first serve basis. A group with a valid permit may be able to displace a group without a permit.

Groups of 25 people or less

A small group, which is defined by 36 CFR §2.51(b)(1) as a group of “25 people or less,” is not required to obtain a Special Use Permit for First Amendment activity if they are located within a park designated First Amendment location (see below). A permit is required for any group that:

• Wishes to hold a demonstration or distribute and/or sell printed matter somewhere outside of a designated First Amendment area
• Wishes to use equipment (i.e. tables, banners, platforms, etc.) even if it is within a designated area
• Is merely an extension of another group already availing itself of the 25 person small group permit exception
• Wishes to guarantee they will have priority for the use of a location, including the designated First Amendment areas

Larger groups

A group of more than 25 people is required to obtain a Special Use Permit for First Amendment activities even if they are using a park designated First Amendment site.

There are no cost recovery fees associated with First Amendment permits.

To apply for a Special Use Permit, download the application form. Send the completed the application form to the Special Park Use Coordinator via e-mail: [e-mail]

Per regulation, Special Use Permits for First Amendment activity may be issued for a maximum of 14 consecutive days [36 CFR §2.51(i)(1) and §2.52(h)(1)]. A permit may be extended for up to 14 days, but a new application must be submitted for each extension requested [36 CFR §2.51(i)(2) and §2.52(h)(2)].

Locations with designated First Amendment areas for small groups

The following locations in Great Smoky Mountains National Park have designated First Amendment Areas for small groups of 25 people or less.

 

 

Religious Ceremonies and Weddings

For those interested in organizing a religious ceremony, our historic churches are available for use and a First Amendment Permit can be issued to reserve the site, though it is not required. Weddings are not considered a First Amendment Activity, rather a special event, and do require a Special Use Permit.