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Appeal To DC Circuit Filed In Case Upholding Part of National Park Speech Permit Regs

By Howard M. Friedman

On Monday, a Notice of Appeal to the Court of Appeals for the District of Columbia was filed in Boardley v. Department of Interior. In the case, the D.C. federal district court in a March 17, 2009 opinion (full text) held that a portion of national park regulations are invalid. The suit, brought by an individual who wanted to hand out gospel tracts at the Mt. Rushmore National Memorial challenged the constitutionality of 36 CFR 2.51 and 2.52 which authorize park superintendents to designate locations and require a permit for: "[p]ublic assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views" and for the "sale or distribution of printed matter." The court held that the application of the regulation to "public assemblies" is a facially invalid prior restraint on speech. It delegates overly broad discretion to administrative officials. However the court upheld the remainder of the regulations. A release yesterday by Alliance Defense Fund announced the filing of the appeal challenging the court's upholding of parts of the regulations requiring an advance permit. (See prior related posting.)

Full post as published by Religion Clause on May 12, 2009 (boomark / email).