In a recent development that would have far-reaching implications for business drone businesses, the non-profit Institute for Justice (IJ) presented oral arguments in a First Amendment case in North Carolina. The case centers around a challenge to a North Carolina restriction on the creation of aerial maps, with serious potential consequences for business drone operators within the state.
The legal proceedings stem from a call by Judge Louise W. Flanagan of the U.S. District Court for the Eastern District of North Carolina. The court upheld a state restriction against a First Amendment challenge brought by a Goldsboro, N.C., drone operator, Michael Jones, and the Institute for Justice.
Is Aerial Mapping the Same as Surveying? The NC Board of Engineers Says Yes
In line with an IJ article published on April 3, 2023, the court acknowledged that the usage of drones for capturing images is protected expression, nevertheless it ruled that North Carolina can penalize drone operators for creating and sharing even basic land information without obtaining a land-surveyor license. Unlike many states, North Carolina classifies basic aerial mapping as “surveying,” requiring a full surveyor’s license.
The Institute for Justice argues that licensing boards mustn’t use their authority to stifle competition, emphasizing that creating and sharing visual details about land is a type of free speech protected by the Structure. Despite these arguments, the district court rejected this angle, prompting Michael Jones and his company, 360 Virtual Drone Services LLC, to appeal the choice to the 4th U.S. Circuit Court of Appeals.
In an announcement, IJ Attorney James Knight expressed the idea that government intervention mustn’t impede progressive businesses like Michael’s from serving their customers. The Institute for Justice, known for defending First Amendment rights and economic liberty nationwide, highlighted its success in similar cases, including the defense of a Mississippi mapping company in 2020.
A Related Victory
Moreover, the Institute for Justice scored one other First Amendment victory because the deadline passed for the North Carolina Board of Examiners for Engineers and Surveyors to appeal Chief Judge Richard Myers’ decision. The choice held that the Board violated the First Amendment by ordering retired engineer Wayne Nutt to stop expressing opinions about engineering with no state license.
Represented by the Institute for Justice, Wayne Nutt filed the lawsuit after receiving threatening letters from the Board, demanding him to stop expressing opinions about engineering with no license. The court’s decision affirms that the ability to license an occupation doesn’t grant the ability to censor speech, emphasizing the importance of people deciding who they need to take heed to slightly than counting on government restrictions.
These legal developments underscore the continued debate surrounding the intersection of technology, free speech, and government regulation, with implications for drone operators and individuals expressing skilled opinions in North Carolina.
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