HB 486 enacts further restrictions on private drone usage, including for personal photography and news gathering purposes. The First Amendment protects personal photography use, particularly of photos taken in public places and shared via public means, such as social media. If enacted HB 486 would impose civil penalties on individuals who use drones both for personal photography use or for those who use drones to conduct surveillance, gather evidence, or take photos of industrial, commercial or agricultural industries. Similar to the free speech implications argued in a 2014 Ag-gag lawsuit, HB 486 would significantly chill undercover reporting by journalists and activists without providing any compelling government interest for enacting such a broad free speech restriction.
