TEXT OF STORY
Kai Ryssdal: Historical tourism's what you might call a specialty in Philadelphia. That's one reason city officials are trying to get rid of tour guides who mix a little fiction with their fact. They've passed a new licensing law to try to safeguard the historical record. But some of the guides themselves say Philadelphia needs its own history lesson in the Bill of Rights. Joel Rose reports.
JOEL ROSE: When tourists come to Independence Hall, they often turn to professional tour guides with questions about the city's history.
Rider: What years was Philadelphia the capital?
Driver: Well, from 1790 to 1800. Both George Washington and John Adams lived in Philadelphia during their presidencies.
A lot of tour guides -- including this horse-and-buggy driver -- know their stuff. But some don't. And that's what bothers Ron Avery. He's a former newspaper reporter who's become a sort of unofficial watchdog for local tour guides.
RON Avery: There's myths that nobody ever examines. They just repeat them. And because it's been repeated for years, therefore it must be true.
Avery says he once heard a guide point out the spot where George Washington and Abraham Lincoln ate lunch together. Blatant fabrications like that one prompted a new law requiring tour guides to take a two-hour history test. But some Philadelphia tour guides say the law ignores one important historical precedent: the First Amendment.
ROBERT McNamara: The city government has essentially said that they need to have power to fine people up to $300 for engaging in unauthorized talking. There is nothing less American than a fine for unauthorized talking.
Lawyer Robert McNamara from the libertarian Institute For Justice argued his case Friday on behalf of three plaintiffs, including longtime tour guide Ann Boulais. She says the new law wouldn't really help.
Ann Boulais: We're talking history. But we're also being entertainers. Just because I can pass a test doesn't make me a good tour guide.
But city officials insist the new law does not violate anyone's First Amendment rights, because it only requires a one-time test, without any ongoing supervision. History buff Ron Avery agrees.
Avery: As a guide, you have total freedom of speech. No one will ever fine you, arrest you, follow you around marking down your mistakes.
A ruling is expected in the coming months. If the courts toss out Philadelphia's licensing law, similar rules in Washington, D.C., New Orleans and elsewhere could be vulnerable.
In Philadelphia, I'm Joel Rose for Marketplace.