Government Slant on Forest Service Regulations
Government Information Listing
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.