The United States Court of Appeals for the Fifth Circuit recently issued an opinion in National Press Photographers Association v. McCraw, a lawsuit challenging the constitutionality of Texas’ drone privacy law.  [Read Opinion here.] Statutory Background In 2013, the Texas Legislature passed the Texas Privacy Act, Chapter 423 of the Texas Government Code (“Chapter 423”).  The purpose of this statute was to regulate the use of drones in Texas airspace.  [To read full summary of the law, click here.]  Essentially, Chapter 423 can be divided into two sections:  the Surveillance… Read More →

A Texas federal judge has stricken down the vast majority of a Texas drone law as unconstitutional.  [Read Order here.] Background The “Use of Unmanned Aircraft” statute was passed in 2013.  To read a prior blog post reviewing the statute in detail, click here.  This lawsuit breaks the challenged provisions into two categories: Surveillance Provisions and No-Fly Provisions. The Surveillance Provisions (Texas Government Code Sections 423.002, .003, .004, and .005) impose criminal and civil penalties for anyone using a drone to capture an image of an individual or… Read More →