# D.C. Circuit Vacates Drone Flight Restriction

> D.C. Circuit rules FAA drone ban on immigration agents unconstitutional.
- Title: D.C. Circuit Vacates Drone Flight Restriction | Shortify
- Summary: D.C. Circuit rules FAA drone ban on immigration agents unconstitutional. The D.C. Circuit vacated an FAA drone flight restriction that criminalized recording…
- Keywords: dc circuit, faa, first amendment, immigration agents, drone recording, ice, cbp, dhs, reporters committee, amici brief, faa flight restriction, law enforcement
- Source: Electronic Frontier Foundation — https://eff.org/deeplinks/2026/09/dc-circuit-must-vacate-drone-flight-restriction-criminalized-recording-immigration
- Author: Sophia Cope
- Published: 2026-09-21T22:59:32+00:00
- Read time: 1 min
- Topics: dc circuit, faa, first amendment, immigration agents, drone recording, ice, cbp, dhs, reporters committee, amici brief, faa flight restriction, law enforcement
## EFF joins amicus brief
Electronic Frontier Foundation joined 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.
## Levine v. FAA case
The case challenges the government's ability to punish drone pilots who record law enforcement officers engaged in official business, including immigration agents from ice and cbp.
## FAA flight restriction
The FAA issued a drone flight restriction that criminalized recording department of homeland security officers, including immigration agents, and their vehicles even if the drone was over half a mile away.
## FAA rescinds rule
The FAA rescinded the drone flight restriction in april after a drone operator sued in march.
## Drones provide unique perspectives
Drones offer perspectives that cannot be captured by ground-based imagery and are far more maneuverable than ground-level cameras.
## First Amendment protection
The FAA's flight restriction was a content-based restriction on speech subject to strict scrutiny and presumptively unconstitutional under first amendment law.
## Key takeaway

The D.C. Circuit vacated an FAA drone flight restriction that criminalized recording immigration agents, upholding First Amendment rights to document law enforcement.