360 Virtual Drone Services LLC v. Andrew Ritter, 102 F.4th 263

Michael Jones and his company, 360 Virtual Drone Services LLC, wanted to sell aerial maps and 3D digital models with measurable data in North Carolina without a land surveyor’s license.
North Carolina law requires a rigorous licensing process for anyone providing land surveying services, including mapping and photogrammetry that results in measurable data.
The North Carolina Board of Examiners for Engineers and Surveyors warned Jones that offering these services without a license may violate the state's Engineering and Land Surveying Act.
Jones ceased offering mapping services and sued the Board, arguing the licensing requirement violated his First Amendment rights by restricting his speech.
The district court granted summary judgment to the Board, finding the law primarily regulated conduct (not speech) and survived intermediate scrutiny.
On appeal, the Fourth Circuit affirmed the district court, holding the Act was constitutional as applied to Jones.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the licensure requirement for creating/selling maps with measurable data implicate the First Amendment?	Jones: The licensing requirement restricts his protected speech, so strict/intermediate scrutiny applies.	Board: The Act regulates conduct (land surveying), not speech, and thus only incidentally burdens speech.	The Act is a regulation of conduct (surveying), only incidentally impacting speech.
What standard of review applies to such professional licensing laws?	Jones: Strict or heightened intermediate scrutiny should apply.	Board: Lower form of intermediate scrutiny (or less) applies since the Act targets conduct.	A relaxed form of intermediate scrutiny is appropriate for professional conduct regulations.
Does the Act serve a substantial state interest and is it sufficiently drawn?	Jones: The law is overly broad; disclaimers could suffice; less restrictive means exist.	Board: The Act sets a minimum competency to protect property, health, and welfare.	The Act is sufficiently drawn to protect substantial state interests and is constitutional as applied.
Can Jones offer mapping services that include measurable data without licensure?	Jones: Wants to sell such maps as an exercise of free speech.	Board: Only those licensed as surveyors may sell maps with measurable data.	Only licensed surveyors, or those supervised by them, may sell such maps under the Act.

Reed v. Town of Gilbert, 576 U.S. 155 (sets out content-based and content-neutral scrutiny for speech restrictions)
Nat’l Inst. of Fam. & Life Advocs. v. Becerra (NIFLA), 585 U.S. 755 (rejects a broad "professional speech" exception but allows regulation of professional conduct incidentally involving speech)
Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833 (upholds certain professional conduct regulations with incidental speech burdens)
Turner Broad. Sys., Inc. v. FCC, 512 U.S. 622 (provides framework for levels of First Amendment scrutiny)
Ward v. Rock Against Racism, 491 U.S. 781 (articulates the traditional intermediate scrutiny test for time, place, and manner restrictions)
McCullen v. Coakley, 573 U.S. 464 (clarifies government's obligations under intermediate scrutiny for speech restrictions)
Ohralik v. Ohio State Bar Ass’n, 436 U.S. 447 (discusses state interest in regulating professions)