Drone Law Shield for Texas Journalists Ended by Fifth Circuit

Texas journalists who use drones to gather news will now risk the potential for criminal prosecution, after a federal appeals court struck down a sweeping First Amendment protection on Monday.

A three-judge panel on the the US Court of Appeals for the Fifth Circuit said a Texas law restricting the actions of uncrewed aircraft isn’t on its face unconstitutional, reversing a district court’s 2022 ruling. Monday’s opinion didn’t clarify whether the prohibition applies to media, leaving open the door for additional challenges if a reporter faces criminal consequences.

On behalf of judges Edith Clement and Jennifer Elrod, Judge Don ...