paul van zyl :
Post offices (including lobbies open to the public) are nonpublic forums under First Amendment law, not traditional or limited public forums.ba5df1114230f1da95 Their primary purpose is postal operations (mailing, packages, PO boxes), not expressive activities like filming or auditing.1fb6ddefc1a4 In nonpublic forums, reasonable, viewpoint-neutral restrictions on speech (including photography/recording) are constitutional if they serve legitimate government interests, such as security, privacy (e.g., avoiding capture of PINs, addresses, or transactions), preventing disruptions, or maintaining efficient operations.8fb0d982de6d
Official USPS rules (39 CFR § 232.1(i) and Poster 7):
"Photographs for news purposes may be taken in entrances, lobbies, foyers, corridors, or auditoriums when used for public meetings except where prohibited by official signs or [by] Security Force personnel or other authorized personnel..."
"Other photographs [e.g., non-news, including most auditor videos] may be taken only with the permission of the local Postmaster or installation head."d1e77d0944ae92b2a4
Authorized personnel (Postmaster, supervisors, or designees) can prohibit any filming at any time if it disrupts business, invades privacy, or for other reasonable reasons—no "news purpose" override.a56d222f17e0
How trespass works:
Staff/Postmaster informs you of the policy and directs you to stop filming/leave (often citing Poster 7, posted in lobbies).c0809aff1432
Continued filming or refusal to leave revokes implied license to be on federal property, constituting trespass under 39 CFR § 232.1 or state laws (e.g., criminal trespass via local police or Postal Inspectors).e932f0e020e7935937
Penalties: Removal, trespass notice (banning return), fines up to $10,000, or up to 30 days jail; escalation to arrest if defiant.d74930
Court precedents and examples:
Supreme Court in United States v. Kokinda (1990): Upheld restrictions on expressive activity (solicitation) on postal property as nonpublic forum; same logic applies to filming.5bbb2a53837e
Wozar v. Campbell (D. Conn. 2025): Auditor trespassed/sued for filming; court dismissed lawsuit, affirming interior as nonpublic forum and restrict
2025-11-08 13:07:49