Yogi Bear was smarter than the average bear. That means that there must be a bear or bears with below average intelligence. Looks like we’ve found one: Smokey Bear, a.k.a. the U.S. Forest Service. This time last week, the Forest Service was pushing a new regulation that would have required a permit to take pictures or video in designated wilderness areas. That would extended to the use of your iPhone. And the Forest Service would have gotten to make sure your pictures furthered its mission. An exception for the news media? Yes, but only for breaking news — think forest fires or rescues. From the Oregonian:

The U.S. Forest Service has tightened restrictions on media coverage in vast swaths of the country’s wild lands, requiring reporters to pay for a permit and get permission before shooting a photo or video in federally designated wilderness areas.

Under rules being finalized in November, a reporter who met a biologist, wildlife advocate or whistleblower alleging neglect in 36 million acres of wilderness would first need special approval to shoot photos or videos even on an iPhone.

Permits cost up to $1,500, says Forest Service spokesman Larry Chambers, and reporters who don’t get a permit could face fines up to $1,000.

First Amendment advocates say the rules ignore press freedoms and are so vague they’d allow the Forest Service to grant permits only to favored reporters shooting videos for positive stories.

The proposed rule is also extremely counterproductive, as the Forest Service is struggling to get Millennials to come see the forest. Having people post pictures on Flickr and Instagram of the wilderness only helps their cause…

This is the sort of stupidity that exists only until the press and people find out about it. And the people and press did find out. The reaction was predictable: Legislatures of both parties came out strongly against it.

And suddenly, last Thursday, the Forest Service caved, claiming the rule was just intended to apply to commercial film shots and designed to get public comment. Per the AP:

The rule would apply to commercial filming, like a movie production, but reporters and news organizations would not need to get a permit to shoot video or photographs in the nation’s wilderness areas, Forest Service Chief Tom Tidwell said in a phone interview Thursday.

“The U.S. Forest Service remains committed to the First Amendment,” he said, adding: “It does not infringe in any way on First Amendment rights. It does not apply to news-gathering activities, and that includes any part of news.”

And:

At least two public TV stations, in Idaho and Oregon, said they have been asked to obtain a permit before filming their programs in wilderness areas. Press advocates criticized the proposed rules as a violation of the First Amendment, saying it raises concerns about press freedom.

“I understand what he’s saying the intent is, but the language doesn’t not reflect that intent,” Mickey Osterreicher, general counsel for the National Press Photographers Association, said Thursday in response to Tidwell’s comments.

“If they’re serious about it, they need to craft unambiguous language that exempts news-gathering if that’s their alleged intent, so there’s no question that someone out on a news story wouldn’t have a ranger or other employee saying ‘You need a permit’,” Osterreicher said.

Osterreicher noted that the proposal clearly refers to permits for still photography, but Tidwell said Thursday that “the intent is not for it to apply to still photography.” When this discrepancy was raised to him, Tidwell said: “This is an example of where we need to clarify.”

Sadly, you can’t make this up.