Vacate a Drone Restriction That Criminalized Recording Immigration Agents
3 hours ago
- EFF joined an amicus brief with ACLU, ACLU of D.C., National Press Photographers Association, and Professional Photographers of America to challenge a FAA drone flight restriction that violated the First Amendment right to record law enforcement.
- The FAA's flight restriction effectively criminalized recording of Department of Homeland Security officers, including ICE and CBP agents, even from over half a mile away.
- A drone operator sued the FAA, and though the restriction was rescinded, the petitioner argued the court should still evaluate its legality because drone pilots could still be punished for past violations and the FAA could reinstate the restriction.
- The amicus brief highlighted that drones provide unique perspectives not captured by ground-based imagery, are cheaper and safer than planes or helicopters, and have been used to record protests, police uses of force, and natural disasters.
- The brief argued that drone imagery is protected by the First Amendment, and that the restriction appeared to be a content-based regulation targeting immigration agents, subject to strict scrutiny and presumptively unconstitutional.
- The case is urgent because government agencies are investing billions in counter-drone technology that could be used against journalists and others documenting government abuse.