Levine v. FAA

A Minnesota photojournalist brought a lawsuit in the D.C. Cicuit Court of Appeals challenging the Federal Aviation Administration's (FAA) Temporary Flight Restrictions (TFR). The TFR made it functionally impossible for journalists to use drones to gather news in any area where immigration enforcement agents are deployed, violating the First Amendment right to record public officials performing their duties in public.

Journalists are effectively being censored beyond their DHS coverage, since the unpredictability of where a DHS vehicle may be traveling makes it functionally impossible for journalists to use drones for any newsgathering in areas where immigration enforcement agents are deployed without putting themselves at risk of severe legal and financial penalties. The ACLU, ACLU of D.C. and National Press Photographers Association urge the Court to block these airspace restrictions affecting journalists on First Amendment grounds.