Episode 023: Drone Photography Is Protected by the First Amend

Published: April 14, 2022, 7 a.m.

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Charles Werner, your host, welcomes you to another episode where he is diving deep into the legal issues and decisions that have been made inTexas and for that, he is accompanied by Mickey H. Osterreicher who is the general counsel at the National Press Photographers Association (NPPA) and was very much engaged in the events happening in Texas on March 22nd, 2022, when a federal judge overturned the state of Texas\\u2019 stringent drone restrictions, holding that it was an unconstitutional violation of the First Amendment.

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Key Takeaways:

[1:34] Mickey talks about what is happening in Texas that caused new legislation to be created.

[4:42] Mickey shares the judge\'s sentence.

[8:23] Was there any particular incident that caused this problem in Texas?

[10:36] Mickey talks about the other places that experienced the same problem that happened in Texas.

[16:18] Often police officers have no idea about the laws in regards to drones.

[18:10] Mickey states: \\u201cWhat we have here is a failure to communicate.\\u201d

[19:08] Learn more about the FAA offers the Law Enforcement Assistance Program (LEAP).

[19:58] Mickey shares a relevant case in Michigan.

[22:29] Mickey talks about California versus Ciraolo, a case decided by the United States Supreme Court, in which it ruled that warrantless aerial observation of a person\'s backyard did not violate the Fourth Amendment to the United States Constitution.

[24:47] There are many differences between man and unmanned aircraft, and these distinctions impact a landowner\\u2019s reasonable expectation of privacy in different ways.

[28:25] Mickey shares how drones are being used in Ukraine at the moment.

[30:04] Sometimes people do not understand that the FAA is the authority over the air space.

[33:13] Mickey and Charles talk about drone delivery.

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\\u2018Mentioned in this episode:

Airborne International Response Team

AIRT is the leading 501(c)(3) non-profit organization supporting Drones For Good and Public Safety UAS

Become a member of Drone Responders for free.

AIRT and DRONERESPONDERS 2020 Drones in Public Safety Survey

Drone Responders Events

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Email Charles at charles@droneresponders.org

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