First Amendment Activities

 

First Amendment to the Constitution of the United States:

"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

In Whiskeytown National Recreation Area, First Amendment activities are permitted based on the rules for Demonstrations and Sale or Distribution of Printed Matter - 36 CFR 2.51 & 2.52. For further information please see the Whiskeytown Superintendent's Compendium or e-mail us.

Whiskeytown National Recreation Area
PO Box 188
Whiskeytown, CA 96095
Attn: Special Use Application

First Amendment activities are considered a Special Use Permit (SUP) but the $150 application fee is waived. Permit applications are available our SUP webpage.

 

First Amendment FAQ's

Where are the designated First Amendment locations?

The following locations are designated for First Amendment activities:

• The area at the Whiskeytown Visitor Center, between the fire hydrant and stop sign, adjacent to the southwest side of the parking lot (40°36'51.67"N, 122°31'15.13"W).
• At Brandy Creek Beach, around the group of 3 oak trees closest to the snack bar, directly north of the snack bar.

What is a First Amendment activity?

Types of First Amendment activities:

• Religious services or ceremonies
• Press conference
• Press coverage of breaking news
• Voter registration
• Collecting signatures on petitions or voter initiatives
• Public demonstration, picketing, assembly or rally for expressing opinion and views
• Sale or distribution of printed material related to free expression of opinion

What does not count as a First Amendment activity?

Type of activities that are NOT covered by the First Amendment:

• Church picnic or social gathering
• Wedding ceremonies or receptions
• Political fund raiser or other invitation-only political activity or event
• Solicitation of donations
• Community parades, athletics, or sporting events
• Sale of message-bearing clothing, arts and crafts, or similar merchandise

Many of these activities can be accommodated through the Special Use Permit system for which a fee may be charged. Liability insurance is required.

 

Code of Federal Regulations

Title 36: Parks, Forests, and Public Property—RESOURCE PROTECTION, PUBLIC USE AND RECREATION

§ 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]

§ 2.52 Sale of printed matter and the distribution of printed matter and other message-bearing items

a) Printed matter and other message-bearing items. The term “printed matter” means message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. The term “other message-bearing items” means a message-bearing item that is not “printed matter” and is not solely commercial advertising. Other message-bearing items include, but are not limited to: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.

(b) Permits and the small group permit exception. The sale or distribution of printed matter, and the free distribution of other message-bearing items without asking for or demanding payment or donation, is allowed within park areas if it occurs in an area designated as available under § 2.51(c)(2) and when the superintendent has issued a permit for the activity, except that:

(1) Sale or distribution activity by 25 persons or fewer may be conducted without a permit within designated park areas, provided that:

(i) None of the reasons for denying a permit that are set out in paragraph(e) 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) The sale or distribution will not unreasonably interfere with other permitted demonstrations and special events, or 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) Application for permit. An 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.

(d) 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.

(e) 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 the particular area;
(2) It reasonably appears that the sale or distribution will present a clear and present danger to the public health and safety;
(3) The number of persons engaged in the sale or distribution exceeds the number that can 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 § 2.51(c)(2);
(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.

(f) 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.
(g) 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.
(h) 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.

(i) Misrepresentation. Persons engaged in the sale or distribution of printed matter or the free distribution of other message-bearing items under this section are prohibited from misrepresenting the purposes or affiliations of those engaged in the sale or distribution, and misrepresenting whether the printed matter or other message-bearing items are available without cost or donation.

(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 (e) 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 64154, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013; 80 FR 36476, June 25, 2015; 83 FR 2069, Jan. 16, 2018]