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National Park Service Faces Free Speech Lawsuit Over Anti-Trump Signs

4/24/2026, 3:10:53 AM

Overview of the Lawsuit

The American Civil Liberties Union (ACLU) has filed a lawsuit against the National Park Service (NPS), alleging violations of the First Amendment. The lawsuit, initiated on April 23, 2026, represents Accountability NOW USA, a group advocating for accountability regarding the Trump administration. The NPS is accused of threatening to revoke a protest permit due to signs critical of former President Donald Trump, which the agency deemed "unprotected obscenity."

Background of the Conflict

The conflict arose when Accountability NOW USA began displaying signs referencing alleged sexual misconduct by Trump, following a report that the Justice Department withheld certain records related to the former president. The NPS responded by threatening to revoke the group's demonstration permit, claiming the signs violated legal standards for protected speech. According to the complaint, NPS Superintendent Kevin Griess stated that the signs were "unprotected obscenity," a classification that requires a high legal threshold to meet.

Legal Framework and Arguments

The ACLU's complaint argues that the signs do not meet the legal definition of obscenity as established by the "Miller test," which assesses whether content appeals to prurient interests, depicts sexual conduct offensively, and lacks educational value. Arthur Spitzer, senior counsel at the ACLU of DC, emphasized that political criticism of the president cannot be classified as obscene simply because it references alleged misconduct.

Criticism of NPS Actions

Critics, including Accountability NOW USA organizers, have framed the NPS's actions as part of a broader trend of suppressing political speech in Washington, DC. Organizer Dave Mytych compared the situation to historical oppression leading to the American Revolution, asserting that the NPS is attempting to stifle lawful expressive activities. The White House has defended Trump as a proponent of free speech, suggesting that the NPS's actions are intended to maintain public order.

Current Status and Next Steps

Although the NPS has not revoked Accountability NOW USA's permit, the group has temporarily ceased displaying the signs to avoid enforcement actions. The lawsuit seeks a court declaration affirming that the signs are not legally obscene and that their display is protected under the First Amendment. The group intends to resume displaying the signs once it secures legal protection against potential repercussions.

Verbatim Quotes

  • “No colorable argument can be made that they are legally obscene,” — Arthur Spitzer, Senior Counsel, ACLU of DC
  • “The National Park Service is "trying to drag us back to a time almost 250 years ago where they ruled by tyranny," he said.” — Dave Mytych, Organizer, Accountability NOW USA
  • “This language is not protected under the First Amendment.” — NPS Statement

Conflicting Reports & Gaps

The lawsuit highlights discrepancies in the interpretation of what constitutes protected speech. While the NPS maintains that the signs are obscene, the ACLU argues that they are a legitimate form of political expression. Additionally, the outcome of previous legal challenges faced by Mytych raises questions about the potential success of this lawsuit.