{"id":103904,"date":"2024-09-10T13:09:37","date_gmt":"2024-09-10T17:09:37","guid":{"rendered":"https:\/\/dronelife.com\/?p=103904"},"modified":"2024-09-10T13:09:37","modified_gmt":"2024-09-10T17:09:37","slug":"north-carolina-drone-photographer-seeks-supreme-court-support-for-first-amendment-rights","status":"publish","type":"post","link":"https:\/\/dronelife.com\/2024\/09\/10\/north-carolina-drone-photographer-seeks-supreme-court-support-for-first-amendment-rights\/","title":{"rendered":"North Carolina Drone Photographer Seeks Supreme Court Support for First Amendment Rights"},"content":{"rendered":"

\"firstMichael Jones asks the court to uphold his right to provide aerial information to clients.<\/em><\/h3>\n

Yesterday, the Institute for Justice (IJ)<\/a> filed a petition with the United States Supreme Court on behalf of Michael Jones, a drone photographer in North Carolina. The case brings forward an important question: does providing data and information through aerial photographs qualify as speech that the First Amendment fully protects, or do state licensing boards have the authority to censor it?<\/p>\n

For several years, North Carolina\u2019s land-surveying board has targeted small drone operators, including Michael Jones, claiming that their aerial maps amount to illegal land surveying. Unlike many states, North Carolina classifies even basic aerial mapping as surveying. This requires operators to hold a full surveyor\u2019s license, which demands years of education and experience. The state has enforced this law rigorously, threatening drone businesses with severe penalties.<\/p>\n

Jones’ Legal Battle<\/h3>\n

Michael Jones, based in Goldsboro, North Carolina, is an FAA-licensed drone operator who sought to build an aerial-mapping business. His goal was to provide landowners with aerial perspectives, which they often find useful without needing a full land survey. He wanted to use his drone to capture images and create maps or 3D models using publicly available tools.<\/p>\n

However, in 2019, the North Carolina surveying board issued a cease-and-desist letter. The board ordered Michael to shut down his operations or face civil and criminal penalties. In response, Michael sued the board, arguing that his maps and photographs are forms of speech protected by the First Amendment.<\/p>\n

\u201cI\u2019ve always been clear what I\u2019m doing isn\u2019t setting property lines. It\u2019s simply providing pictures and information,\u201d said Michael. \u201cI even included a big red disclaimer on my website saying I\u2019m not a licensed surveyor, but the board shut me down anyway. I don\u2019t know of any surveying company that was using drones like I was.\u201d<\/p>\n

The Fourth Circuit Court Decision<\/h3>\n

In May, the Fourth U.S. Circuit Court of Appeals rejected Michael\u2019s case. Although visual information and images have long received First Amendment protection, the court ruled that Michael\u2019s creation of maps was “conduct” and not speech. The court\u2019s reasoning was partly based on the fact that Michael’s work takes place on private property, which it claimed gives the government more leeway to regulate.<\/p>\n

IJ Senior Attorney Sam Gedge criticized the ruling, stating, \u201cDrone technology may be new, but the principles at stake in Michael\u2019s case are as old as the nation itself. Taking photos and providing information to willing clients is speech, and it\u2019s fully protected by the First Amendment. Only by badly misapplying the First Amendment could the Fourth Circuit hold differently.\u201d<\/p>\n

The Fourth Circuit’s ruling conflicts with decisions made in other federal courts. The Fifth Circuit, covering Texas, Mississippi, and Louisiana, and the Eleventh Circuit, covering Florida, Alabama, and Georgia, have issued rulings that favor the protection of such activities under the First Amendment.<\/p>\n

A Call for Supreme Court Intervention<\/h3>\n

With the split between the circuits, Michael is now asking the Supreme Court to take up his case. His petition argues that if the government can stop someone from communicating aerial photographs simply because they contain specific information, First Amendment rights are at risk. \u201cWhen a government agency sends a cease-and-desist letter telling you to stop communicating photographs containing specific types of \u2018data\u2019 and \u2018information,\u2019 that\u2019s a red flag that serious First Amendment interests are in play,\u201d said IJ Attorney James Knight.<\/p>\n

This is not the first time the Institute for Justice has faced such a challenge. IJ has successfully defended similar cases, including a mapping company in Mississippi that faced similar accusations of unlicensed practice. Michael\u2019s case joins others, including a map maker in California.<\/p>\n

The Supreme Court\u2019s decision on whether to hear Michael\u2019s case could have far-reaching implications for First Amendment rights, particularly in an era when technology like drones is rapidly evolving. The outcome may determine whether state licensing boards can regulate new technologies in ways that limit both entrepreneurship and free speech.<\/p>\n

Read more:<\/p>\n