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122 W. Va. L. Rev. 741 (2019-2020)
Enhanced Civil Rights in Home Rule Jurisdictions: Newly Emerging UAS/Drone Use Ordinances

handle is hein.journals/wvb122 and id is 771 raw text is: ENHANCED CIVIL RIGHTS IN HOME RULE JURISDICTIONS: NEWLY EMERGING UAS/DRONE USE ORDINANCES Jennifer A. Brobst* If the mind of man can invent and operate a flying machine, it ought to be able to devise a rule of law which is adequate to deal with the problems flowing from such inventiveness. - Supreme Court of Oregon (1960)' I. INTRODUCTION. .................................. ..... 742 II. LOCAL AUTHORITY GOVERNING NEW TECHNOLOGY................. 747 III. PROTECTING LIFE: PUBLIC SAFETY AND WEAPONIZED UAS ..... 752 IV. PROTECTING PROPERTY: AERIAL AND SUBSURFACE TRESPASS AND NUISANCE .................... 756 V. PROTECTING LIBERTY: COMPLEX PRIVACY CONSIDERATIONS .. 764 A. A Reasonable Expectation ofPrivacy from UAS Surveillance ................... ........ 767 B. Civil and Criminal Action Protecting Privacy ..... ..... 770 C. Art, Activism, and Journalism: UAS and the First Amendment ............................. 773 VI. WHY PREEMPTION OF DRONE USED COULD DIMINISH CIVIL LIBERTES AND HOME RULE INNOVATION........ 775 VII. CONCLUSION ................................... ...... 781 * Jennifer A. Brobst is an Associate Professor at Southern Illinois University School of Law. Many thanks to the Law Review students at the West Virginia University College of Law for their editorial assistance and for the opportunity to present at the law school's State and Local Law Symposium addressing Home Rule in February 2020. Special thanks to John T. Bennett, SIU/PSO UAV Administrator and Chief Engineering Draftsman at Southern Illinois University-Carbondale, and to Professor Mark Brittingham for their insights and local expertise. I Atkinson v. Bernard, Inc., 355 P.2d 229, 232 (Or. 1960). 741

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