NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION; Texas Press Association; Joseph Pappalardo, Plaintiffs-Appellees/Cross-Appellants,
v.
Steven McCRAW, in his official capacity as Director of the Texas Department of Public Safety; Dwight Mathis, in his official capacity as Chief of the Texas Highway Patrol; Kelly Higgins, in his official capacity as District Attorney of Hays County, Texas, Defendants-Appellants/Cross-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
FILED October 23, 2023.
FILED October 23, 2023.
Attorney(s) appearing for the Case
James A. Hemphill , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, Alicia W. Calzada , San Antonio, TX, Leah Marie Nicholls , Public Justice, P.C., Washington, DC, Mickey H. Osterreicher , General Counsel, Finnerty, Osterreicher & Abdulla, Buffalo, NY, David A. Schulz , Media Freedom & Information Access Clinic, New York, NY, for Plaintiff-Appellee/Cross-Appellant National Press Photographers Association.
James A. Hemphill , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, Leah Marie Nicholls , Public Justice, P.C., Washington, DC, Mickey H. Osterreicher , General Counsel, Finnerty, Osterreicher & Abdulla, Buffalo, NY, David A. Schulz , Media Freedom & Information Access Clinic, New York, NY, for Plaintiffs-Appellees/Cross-Appellants Texas Press Association, Joseph Pappalardo.
Lanora Christine Pettit (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Heather Lee Dyer , Office of the Attorney General, General Litigation Division, Austin, TX, Christopher D. Hilton , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellants/Cross-Appellees Steven McCraw, Dwight Mathis.
Michael Lovins , Lovins Trosclair, P.L.L.C., Austin, TX, for Amicus Curiae East Texas Ranch, L.P.
Bruce D. Brown , Reporters Committee for Freedom of the Press, Washington, DC, for Amici Curiae Reporters Committee for Freedom of the Press, Texas Association of Broadcasters, 27 News Media Organizations.
Before Clement, Elrod, and Willett, Circuit Judges.
Don R. Willett, Circuit Judge:
Chapter 423 of the Texas Government Code governs the operation of unmanned aerial vehicles—drones—in Texas airspace. In this case, the plaintiffs claim a sweeping First Amendment right to use unmanned aerial drones to film private individuals and property without their consent. They also assert a constitutional...
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