THE OFFICIAL RECORD

This is one of those spots where a hiker can get lost, continue Working on Options, or wander off below

Government Slant on Forest Service Regulations

At the beginning of its final rule publication, the Forest Service identifies its problem:

"The First Amendment of the United States Constitution provides in part that the government may not abridge the freedom of speech or the right to assemble peaceably and that the government may not pass laws prohibiting the free exercise of religion (U.S. Const., amend. I). Freedom of speech means the right to disseminate ideas freely, both orally or in writing. Free exercise of religion means the right to practice one's religion freely." Federal Register, Vol. 60, No. 168, Page 45257 (August 30, 1995), Final Rule; id., Vol. 58, No. 86, pg. 26940 (May 8, 1993), Proposed Rule.

The Forest Service argues it can solve this problem without regard to the First Amendment, because:

"It is well established that the government may enforce reasonable time, place, and manner restrictions on First Amendment activities . . . Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293 (1984)." Id.

DateDescription
November, 1995National Forest Service Information
Talking Points | Questions & Answers | Facts | Followup
August 30, 1995Federal Register, Vol 60 No 168, pp. 45258-45295
Preamble | Background | Comments | Regulations
May 6, 1993Federal Register, Vol 58 No 86, pp. 26940-26946


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