A Texas law that limits the use of remotely piloted drones to capture images is unconstitutional, a federal judge in Austin ruled Monday. The National Press Photographers Association, the Texas Press Association and former Dallas Observer editor Joseph Pappalardo challenged the so-called “Texas Privacy Act,” which threatened criminal charges and punishing...
Illustration by John Holcroft
Well, almost anyone. Academics, law enforcement, Realtors, surveyors, utility companies, gas and oil drillers, pipeline companies and others with a “commercial purpose” were exempt under the law, provided that commercial purpose wasn't reporting the news. Oddly, the law applied only to drones, which are relatively cheap and readily available. Pictures taken from helicopters, airplanes, hot air balloons, stepladders or tall trees were all OK.Taking and disseminating images is a form of speech, much the same as taking notes and publishing a news story, and under First Amendment law the state can't choose who is allowed to speak and how.
"This is a vindication that this is a legitimate way of news gathering that people shouldn't be afraid of," Hemphill said. The chilling effect from the threat of criminal charges and civil lawsuits was enough to allow the case to go ahead, the judge ruled.
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