From Newsgroup: alt.law-enforcement
The Trump administration has restricted the First Amendment right to
record law enforcement by issuing an unprecedented nationwide flight restriction preventing private drone operators, including professional and citizen journalists, from flying drones within half a mile of any ICE or
CBP vehicle.
In January, EFF and media organizations including The New York Times and
The Washington Post responded to this blatant infringement of the First Amendment by demanding that the FAA lift this flight restriction. Over two months later, weAre still waiting for the FAA to respond to our letter.
The First Amendment guarantees the right to record law enforcement. As we
have seen with the extrajudicial killings of George Floyd, Renoe Good, and Alex Pretti, capturing law enforcement on camera can drive accountability
and raise awareness of police misconduct.
A 21-Month Long oTemporaryo Flight Restriction?
The FAA regularly issues temporary flight restrictions (TFRs) to prevent people from flying into designated airspace. TFRs are usually issued
during natural disasters, or to protect major sporting events and
government officials like the president, and in most cases last mere
hours.
Not so with the restriction numbered FDC 6/4375, which started on January
16, 2026. This TFR lasts for 21 monthsuuntil October 29, 2027uand covers
the entire nation. It prevents any person from flying any unmanned
aircraft (i.e., a drone) within 3000 feet, measured horizontally, of any
of the ofacilities and mobile assets,o including oground vehicle convoys
and their associated escorts,o of the Departments of Defense, Energy,
Justice, and Homeland Security. Violators can be subject to criminal and
civil penalties, and risk having their drones seized or destroyed.
In practical terms, this TFR means that anyone flying their drone within a half mile of an ICE or CBP agentAs car (a DHS omobile asseto) is liable to face criminal charges and have their drone shot down. The practical
unfairness of this TFR is underscored by the fact that immigration agents often use unmarked rental cars, use cars without license plates, or switch
the license plates of their cars to carry out their operations. Nor do
they provide prior warning of those operations.
The TFR is an Unconstitutional Infringement of Free Speech
While the FAA asserts that the TFR is grounded in its lawful authority,
the flight restriction not only violates multiple constitutional rights,
but also the agencyAs own regulations.
First Amendment violation. As we highlighted in the letter, nearly every federal appeals court has recognized the First Amendment right of
Americans to record law enforcement officers performing their official
duties. By subjecting drone operators to criminal and civil penalties,
along with the potential destruction or seizure of their drone, the TFR punishesuwithout the required justificationsulawful recording of law enforcement officers, including immigration agents.
Fifth Amendment violation. The Fifth Amendment guarantees the right to due process, which includes being given fair notice before being deprived of liberty or property by the government. Under the flight restriction,
advanced notice isnAt even possible. As discussed above, drone operators
canAt know whether they are within 3000 horizontal feet of unmarked DHS vehicles. Yet the TFR allows the government to capture or even shoot down
a drone if it flies within the TFR radius, and to impose criminal and
civil penalties on the operator.
Violations of FAA regulations. In issuing a TFR, the FAAAs own regulations require the agency to ospecify[] the hazard or condition requiringo the restriction. Furthermore, the FAA must provide accredited news
representatives with a point of contact to obtain permission to fly drones within the restricted area. The FAA has satisfied neither of these requirements in issuing its nationwide ban on drones getting near
government vehicles.
EFF Demands Rescission of the TFR
We donAt believe itAs a coincidence that the TFR was put in place in
January 2026, at the height of the Minneapolis anti-ICE protests, shortly after the killing of Renoe Good and shortly before the shooting of Alex Pretti. After both of those tragedies, civilian recordings played a vital
role in contradicting the governmentAs false account of the events.
By punishing civilians for recording federal law enforcement officers, the
TFR helps to shield ICE and other immigration agents from scrutiny and accountability. It also discourages the exercise of a key First Amendment right. EFF has long advocated for the right to record the police, and exercising that right today is more important than ever.
Finally, while recording law enforcement is protected by the First
Amendment, be aware that officers may retaliate against you for exercising this right. Please refer to our guidance on safely recording law
enforcement activities.
https://www.eff.org/deeplinks/2026/04/faas-temporary-flight-restriction- drones-blatant-attempt-criminalize-filming-ice
--- Synchronet 3.21f-Linux NewsLink 1.2