PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1472

360 VIRTUAL DRONE SERVICES LLC; MICHAEL JONES,

Plaintiffs – Appellants,

v.

ANDREW L. RITTER, in his official capacity as Executive Director of the North Carolina Board of Examiners for Engineers and Surveyors; JOHN M. LOGSDON, in his official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; JONATHAN S. CARE, in his official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; DENNIS K. HOYLE, in his official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; TOYNIA E.S. GIBBS, in her official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; VINOD K. GOEL, in his official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; CEDRIC D. FAIRBANKS, in his official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; BRENDA L. MOORE, in her official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; CAROL SALLOUM, in her official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors; ANDREW G. ZOUTWELLE, in his official capacity as member of the North Carolina Board of Examiners for Engineers and Surveyors,

Defendants – Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:21−cv−00137−FL)

Argued: January 23, 2024 Decided: May 20, 2024

Before AGEE, WYNN, and THACKER, Circuit Judges. USCA4 Appeal: 23-1472 Doc: 39 Filed: 05/20/2024 Pg: 2 of 29

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Agee and Judge Thacker joined.

ARGUED: Samuel Bracken Gedge, INSTITUTE FOR JUSTICE, Arlington, Virginia, for Appellants. Douglas William Hanna, FITZGERALD HANNA & SULLIVAN, PLLC, Raleigh, North Carolina, for Appellees. ON BRIEF: David G. Guidry, GUIDRY LAW FIRM PLLC, Charlotte, North Carolina; James T. Knight II, INSTITUTE FOR JUSTICE, Arlington, Virginia, for Appellants.

2 USCA4 Appeal: 23-1472 Doc: 39 Filed: 05/20/2024 Pg: 3 of 29

WYNN, Circuit Judge:

Michael Jones and his wholly owned company, 360 Virtual Drone Services LLC

(“Plaintiffs”), would like to provide customers with aerial maps and 3D digital models

containing measurable data. But the North Carolina Board of Examiners for Engineers and

Surveyors (“Board”) has taken the position that doing so would constitute engaging in the

practice of land surveying without a license, in violation of the North Carolina Engineering

and Land Surveying Act (“Act”). Plaintiffs sued various members of the Board in their

official capacities, arguing that the restriction on their ability to offer these services without

first obtaining a surveyor’s license violates their First Amendment rights.

The district court granted summary judgment for Defendants. We conclude that the

Board has not violated Plaintiffs’ First Amendment rights and therefore affirm.

I.

The following facts are undisputed, except as noted.

A.

North Caro