Vacate a Drone Restriction That Criminalized Recording Immigration Agents

Civil rights organizations including the EFF and ACLU filed an amicus brief urging the D.C. Circuit to vacate an FAA drone flight restriction that effectively criminalized recording of Department of Homeland Security and immigration agents, arguing it violates First Amendment protections. The FAA imposed the restriction around DHS patrols as they faced public scrutiny, making it a potentially unconstitutional content-based restriction on speech designed to prevent accountability for government enforcement actions. The brief emphasizes that drones provide unique journalistic capabilities for documenting law enforcement activities and public events, and that vacating the restriction would prevent the government from using regulatory power to shield agencies from oversight.