The Texas’ contentious drone legislation dispute appears poised to reach the Supreme Court’s jurisdiction.
The U.S. The Supreme Court’s docket is expected to decide in the coming months whether to hear an appeal challenging the upholding of a Texas law that strictly limits the use of drones by photojournalists and other individuals.
Petitioners in the case have filed a Petition for Writ of Certiorari, seeking to review and potentially reverse a Fifth Circuit Court’s decision affirming a lower court’s ruling upholding state legislation, which they argue violates the First Amendment of the United States Constitution. Structure. The U.S. Copyright Office is expected to decide by September or October whether it will consider the appeal, according to Mickey Osterreicher, attorney for the National Press Photographers Association (NPPA), speaking to DroneLife.
The likelihood of the Supreme Court deciding to hear the case appears to be considerable. Each year, the court’s docket processes roughly 7,000 to 8,000 petitions for a writ of certiorari, ultimately granting and hearing oral arguments in approximately 80 cases.
Notwithstanding Osterreicher’s comments, hints suggest the Supreme Court justices might deliberate on the constitutional implications sufficiently to grant the case a hearing.
“We filed a petition for certiorari with the United States Supreme Court.” The Supreme Court typically requests additional briefing in a case when needed, further refining their understanding and ensuring informed decision-making. “We’re crossing our fingers in the hope that the court will grant a certificate and agree to hear the case, ultimately ruling in our favour.”
A deadline for submitting additional briefings on the case is looming this month, according to him.
Texas authorities deem its Drone Act, part of the state’s Civil Practice and Remedies Code, among the strictest in the country regarding drone use by both professional journalists and non-commercial individuals. The proposed legislation aims to restrict aerial photography by drones, explicitly prohibiting the capture of images featuring individuals or privately owned property, if the intention is to conduct surveillance, and further prohibits the dissemination of such content.
In 2019, two professional organizations – the National Press Photographers Association and the Texas Press Association –, along with Texas-based photographer Joseph Pappalardo, jointly filed a lawsuit in the United States District Court for the Western District of Texas, Austin Division, challenging the constitutionality of the law.
Following a thorough review of all submissions and testimony presented within the matter, the United States The district court, presided over by Judge Robert Pitman, issued a landmark decision in March 2022, striking down the legislation as unconstitutional and rendering it unenforceable by any authority or law enforcement agency. Despite initial setbacks, in October 2023, a three-judge panel of the U.S. Fifth Circuit Court of Appeals ruled that. The court’s initial decision was overturned, finding that the plaintiffs failed to establish a violation of the First Amendment rights of photographers in Chapter 423.
Petitioners’ counsel submitted a request to the Supreme Court, seeking guidance on two crucial issues:
- Can journalists and information organizations whose First Amendment rights are chilled by an ambiguously worded criminal statute, as they would be deprived of their right to gather and disseminate information, bring a facial challenge under the vagueness doctrine?
- The First Amendment’s protections for expressive activities in public spaces require a high degree of scrutiny when evaluating the constitutionality of a law that restricts taking and publishing certain drone images, particularly if such restrictions are based on the content or manner of expression.
If the restrictive Texas legislation is permitted to stand, it could spur other states to implement similar laws, potentially hindering photojournalists’ ability to utilize drone-captured images of their work.
“I firmly believe that the concerns surrounding the introduction of the Texas swimsuit were a major worry for us, which is why we’re thrilled with the district court’s decision and disappointed, yet not surprised, by the Fifth Circuit’s reversal of that ruling.” He expressed concern that overly broad and ambiguous legal regulations may inadvertently constrain First Amendment rights, potentially hindering journalists’ ability to utilize drones for newsgathering purposes.
As the Supreme Court deliberates on taking up the case, a growing body of concerning news stories about drone use is further fueling the public’s existing skepticism over the increasing prevalence of unmanned aerial vehicles (UAVs) in American airspace.
“As concerns mount over the use of drones as weapons in conflicts like those in the Middle East and Ukraine, he questioned their value.” Additionally, he drew attention to intelligence suggesting that the would-be assassin who attempted to kill former President Donald Trump had utilized a drone to gather surveillance information about the fairgrounds where the ex-president was set to deliver a speech.
Despite the hurdles, the National Press Photographers Association (NPPA) remains committed to promoting the interests of photojournalists as the use of drones in the industry continues to evolve. The affiliation signed onto a recent letter sent by a coalition of business groups to the FAA, advocating for swift adoption of a new rule governing Beyond Visual Line of Sight (BVLOS) drone operations.
While advancements in drone technology continue to push boundaries, it’s crucial that we explore the next logical leap: leveraging their potential beyond the traditional visual range? As expertise advances, the prospect of employing it beyond the operator’s visual range or observable by others can become a natural progression,” he remarked. “As with daytime and evening flights, our experience has shown that the same challenges emerge and evolve as pilots gain more expertise.”
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Miriam McNabb serves as Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a premier platform connecting experts in the drone industry, while closely monitoring the evolution of the drone sector and its associated regulatory landscape. As a renowned expert in her field, Miriam has authored more than 3,000 insightful articles focused on the industrial drone sector, solidifying her reputation as a respected thought leader worldwide. Miriam holds a degree from the University of Chicago and boasts over two decades of experience in high-tech sales and marketing, specializing in innovative technologies.
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