Whether, in an as-applied First Amendment challenge to a licensing law, the standard for determining whether the law regulates speech or regulates conduct is this Court's traditional dichotomy

QUESTION PRESENTED In an as-applied First Amendment challenge to Mississippi’s surveyor-licensing law, the Fifth Circuit in 2020 held that the standard for determining whether an law regulates speech or regulates conduct is this Court’s “traditional dichotomy.” Vizaline, LLC v. Tracy, 949 F.3d 927, 932. Below—in this as-applied challenge to North Carolina’s surveyor-licensing law—the Fourth Circuit held that the standard instead entails the balancing of a “nonexhaustive list of factors.” App. 24a. Meanwhile, the Eleventh Circuit in 2022 hewed to a third standard—one the Fifth Circuit two years earlier had repudiated verbatim. Compare Del Castillo v. Sec’y, Fla. Dep’t of Health, 26 F.4th 1214, 1225 (11th Cir.), cert. denied, 143 S. Ct. 486 (2022), with Vizaline, LLC, 949 F.3d at 931-82. The question presented is: whether, in an as-applied First Amendment challenge to an law, the standard for determining whether the law regulates speech or regulates conduct is this Court’s traditional dichotomy.