Vizaline, LLC v. Tracy, No. 19-60053 (5th Cir. 2020)Annotate this Case
The Mississippi Board of Licensure for Professional Engineers and Surveyors filed suit against Vizaline to enjoin its business and disgorge its profits. Vizaline then filed suit against the Board, alleging that as applied to its practice, Mississippi's surveyor-licensing requirements violate the First Amendment. The district court dismissed Vizaline's suit.
The Fifth Circuit reversed, holding that the district court's ruling -- that Mississippi's licensing requirements for surveyors do not trigger any First Amendment scrutiny -- was inconsistent with the Supreme Court's recent decision in Nat'l Inst. of Family & Life Advocates v. Becerra [NIFLA], 138 S. Ct. 2361, 2375 (2018). NIFLA disavowed the notion that occupational-licensing regulations are exempt from First Amendment scrutiny. Therefore, the district court erred by categorically exempting occupational-licensing requirements from First Amendment scrutiny. The court remanded for further proceedings.