Update: North Carolina case on drone mapping license

Scope of Practice, Unlicensed Practice, Use of Title,

The U.S. Supreme Court declined to hear a challenge brought by a North Carolina drone company owner contesting state licensing requirements, leaving in place lower court rulings that upheld the state’s authority to regulate certain drone-based mapping activities as part of the licensed practice of land surveying. The case centered on whether producing aerial images and mapping data using drones constitutes protected speech under the First Amendment or professional conduct subject to licensure, with the Fourth Circuit concluding that the law primarily regulates conduct and only incidentally affects speech. The petitioner, supported by the Institute for Justice, argued that conflicting standards across federal circuits regarding the distinction between occupational speech and conduct warranted Supreme Court review, but the Court denied certiorari without comment. The decision leaves unresolved broader legal questions about how First Amendment protections apply in occupational licensing contexts—particularly for services involving the creation and communication of information—and maintains the current regulatory framework allowing states to enforce licensure requirements in professions where public safety and property interests are implicated.

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