D.C. Circuit Must Vacate a Drone Flight Restriction That Criminalized Recording Immigration Agents
EFF joined an amicus brief with ACLU, ACLU of D.C., National Press Photographers Association, and Professional Photographers of America to urge the D.C. Circuit to vacate an FAA drone flight restriction that violated the First Amendment right to record law enforcement . This is an important case— Levine v. FAA —challenging the ability of the government to punish drone pilots who record law…
The Electronic Frontier Foundation (EFF) joined an amicus brief alongside the American Civil Liberties Union (ACLU), ACLU of D.C., National Press Photographers Association, and Professional Photographers of America. They urged the D.C. Circuit to void a Federal Aviation Administration (FAA) drone flight restriction that infringed upon the First Amendment right to record law enforcement.
This case, Levine v. FAA, challenged the government's ability to punish drone operators who record law enforcement officers engaged in official duties. The FAA had issued a flight restriction for drones, effectively criminalizing the recording of Department of Homeland Security (DHS) officers, including immigration agents from ICE and CBP, and their vehicles.
A drone operator sued the FAA in March, but the FAA later rescinded the restriction in April. The petitioner argued that the court should still evaluate the legality of the flight restriction, despite its withdrawal, as drone pilots could still face punishment for activities that occurred during the restriction's validity. The amicus brief, filed in support of the petitioner, emphasized that drones offer unique perspectives and are cost-effective and safer compared to traditional recording methods.
It also highlighted that drones have documented significant events, including protests and police actions against protestors. The brief argued that using drones for capturing images and video falls under First Amendment-protected information-gathering, similar to recording law enforcement with cell phones. The FAA's restriction was likely aimed at suppressing accountability for immigration agents' enforcement actions, as it coincided with intense backlash against DHS patrols.
The amicus brief urged the D.C. Circuit to review the petition and vacate the FAA's flight restriction, sending a message that the government cannot evade accountability by penalizing individuals exercising their First Amendment rights.
Written by urgent.news from EFF Deeplinks's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
