The 4th U.S. Circuit Court of Appeals has ruled that a North Carolina board did not violate the constitutional rights of a drone photography pilot when it told him to stop offering aerial map services without a state license. The court found that the state’s requirement for a license to offer surveying services did not infringe on the free-speech protections of Michael Jones and his 360 Virtual Drone Services business. This case highlighted the emerging conflict between technology and the regulated profession of surveying, which typically requires educational and technical experience.
The North Carolina Board of Examiners for Engineers and Surveyors began investigating Jones’ activities in late 2018 and ordered him to stop engaging in mapping and surveying services in June 2019. Performing surveying work without a license can have civil and criminal consequences. Despite placing a disclaimer on his website stating that his maps were not meant to replace proper surveys, Jones was ordered to cease his mapping business. However, he remained interested in returning to the field in the future and filed a lawsuit against board members in 2021 based on First Amendment grounds.
U.S. District Judge Louise Flanagan ruled in favor of the board members, stating that the licensing rules were permissible as they regulated conduct rather than speech. In a unanimous opinion written by Circuit Judge Jim Wynn, the appeals court determined that the prohibition on Jones’ business did not constitute a significant speech restriction. Wynn emphasized the importance of accurate surveying for the public interest and stated that the licensing law protected consumers from potential economic and legal consequences arising from inaccurate land measurements. The court’s ruling upheld the state’s ability to regulate certain types of photography without a government-issued license.
Sam Gedge, an attorney representing Jones, expressed the intention to further appeal the case, either through the full 4th Circuit or at the U.S. Supreme Court. Gedge emphasized that taking photos and providing information to clients is a form of speech protected by the First Amendment. He criticized the reasoning behind the court’s decision, stating that the law criminalizing certain types of photos without a license does not adequately consider the protection of speech rights. The appeals court’s opinion was supported by Circuit Judges Steven Agee and Stephanie Thacker, along with former North Carolina appeals court judge Jim Wynn.
