The U.S. District Court for the Western District of Texas ruled in March that the “Use of Unmanned Aircraft Statute” was unconstitutional. Enacted in 2013, the law made it illegal to conduct surveillance over privately owned property and individuals and to fly drones over critical infrastructure facilities. The Act allowed certain exceptions for official use, surveying and scientific research but specifically excluded photojournalism.

The Court found that the statute violated the First Amendment rights of individuals operating drones and provisions in the Act were poorly defined, although CAFOs were included as ‘critical infrastructure facilities’.

The lawsuit, that led to overturning the Texas ‘drone law’, was initiated by the National Press Photographers Association and the Texas Press Association.  Plaintiffs in the case included the Director of the Texas Department of Public Safety, Chief of the Texas Highway Patrol and the District Attorney of Hays County.

The defendants in the case have yet to appeal to the United States Court of Appeals for the 5th Circuit.  The Texas Legislature has yet to amend the statute to eliminate issues raised in the lawsuit.