"Ryan Calo, an expert in drone law at the University of Washington, said that he was not surprised that the decision was reversed. But he thought that Pirker and his lawyers could have sued for a different reason.
"I never thought this was the right argument: the better argument is the First Amendment," he said. "How is it that some people are allowed to fly but not others?"
"If you, the FAA, are going to permit some uses but not others, you need to explain your decisions," added Calo. "Because if you don’t then it looks as though folks with legitimate reasons in the public interest—like, journalists filming protests—but allowing others that are not—like surveying people's land or making a movie—doesn’t make sense.""