I 

113TH CONGRESS 

2D SESSION H. R. 5893 

To restore the First Amendment Rights of Photographers. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 2, 2015 

Mr. STOCKMAN introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committees on Natural Resources, Agriculture, and the Judiciary, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To restore the First Amendment Rights of Photographers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ansel Adams Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds as follows: 

7 (1) In recent years, the Federal Government 

8 has enacted regulations to prohibit or restrict pho9 tography in National Parks, public spaces, and of 

10 government buildings, law enforcement officers, and 


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1 other government personnel carrying out their du2 ties. 

3 (2) In recent years, photographers on Federal 

4 lands and spaces have been threatened with seizure 

5 and forfeiture of photographic equipment and mem6 ory cards, and have been arrested or threatened with 

7 arrest for merely recording what the eye can see 

8 from public spaces. 

9 (3) Even in the absence of laws or regulations, 

10 Federal law enforcement officers, other government 

11 personnel, and private contractors have been in12 structed to prohibit photography from public spaces, 

13 and threatened photographers with arrest or seizure 

14 of photographic equipment. 

15 (4) Arresting photographers, seizing photo16 graphic equipment, and requirements to obtain per17 mits, pay fees, or buy insurance policies are abridg18 ments of freedom of speech and of the press. 

19 (5) The First Amendment of the United States 

20 Constitution states, ‘‘Congress shall make no law 

21 . . . abridging the freedom of speech, or of the 

22 press.’’. 

23 (6) Still and motion photographs are speech. 

24 (7) The photography by Ansel Adams and other 

25 famous photographers helped bring home to AmeriVerDate Sep 11 2014 21:23 Jan 02, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5893.IH H5893

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1 cans the beauty and fragility of our natural re2 sources. 

3 (8) Ansel Adams’ photographs helped build 

4 public support to make Yosemite into a National 

5 Park. 

6 (9) Future ‘‘Ansel Adams’’ must not have their 

7 paths blocked, regulated and made more expensive 

8 with fees and fines, or be threatened with arrest and 

9 seizure of their equipment. 

10 SEC. 3. RESTORATION OF FIRST AMENDMENT RIGHTS TO 

11 PHOTOGRAPHERS. 

12 (a) IN GENERAL.—It is contrary to the public policy 

13 of the United States to prohibit or restrict photography 

14 in public spaces, whether for private, news media, or com15 mercial use. 

16 (b) Should a Federal agency seek to restrict photog17 raphy of its installations or personnel, it shall obtain a 

18 court order that outlines the national security or other 

19 reasons for the restriction. Such court order shall allow 

20 restrictions of photography when such photography may 

21 lead to the endangerment of public safety or national secu22 rity. Nothing in this Act shall restrict Federal agencies 

23 from taking lawful steps to ascertain whether or not pho24 tography may consist of reconnaissance for the purpose 

25 of endangerment of public safety or national security or 


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1 for other unlawful activity. Nothing in this Act shall be 

2 construed to repeal, invalidate, or supersede section 795 

3 of title 18, United States Code. 

4 (c) PROHIBITION ON FEES, PERMITS, OR INSUR5 ANCE.—No Federal Government agency shall require fees, 

6 permits or insurance as a condition to take still or moving 

7 images on Federal lands, National Parks and Forests, and 

8 public spaces, whether for private, media, or commercial 

9 use. 

10 (d) PROHIBITION ON THE SEIZURE AND FOR11 FEITURE OF PHOTOGRAPHIC EQUIPMENT.—Federal law 

12 enforcement officers or private contractors shall not seize 

13 any photographic equipment or their contents or memory 

14 cards or film, and shall not order a photographer to erase 

15 the contents of a camera or memory card or film. 

16 SEC. 4. DEFINITION. 

17 ‘‘Photography’’ means any form or method of cap18 turing and recording or transmitting still or moving im19 ages. 

Æ 


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