Regulatory Watch  /  United States (federal)  /  Court ruling
Low impactCourt rulingPending

D.C. Circuit urged to vacate FAA drone restriction that criminalized recording immigration agents

EFF and co‑plaintiffs filed an amicus brief in Levine v. FAA asking the D.C. Circuit to void an FAA rule that barred drones from recording DHS immigration agents. The FAA rescinded the rule in April, but pilots could still be punished for past violations and the restriction could be reinstated. The case centers on First Amendment rights to record law‑enforcement activity.

Why it matters: The outcome could restore First Amendment protections for journalists using drones to document government actions.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
D.C. Circuit Must Vacate a Drone Flight Restriction That Criminalized Recording Immigration Agents
EFF updates · primary source · Sep 21, 2026
Details
JurisdictionUnited States (federal)
RegulatorFederal Aviation Administration
CourtU.S. Court of Appeals for the District of Columbia Circuit
StatusPending
PublishedSeptember 21, 2026
Effectivenot stated
OrganisationsElectronic Frontier Foundation, American Civil Liberties Union, ACLU of D.C., National Press Photographers Association, Professional Photographers of America, Reporters Committee for Freedom of the Press, Federal Aviation Administration
Topicsprivacy, security
Datapersonal