Levine v. Federal Aviation Administration
Court: U.S. Court of Appeals for the District of Columbia Circuit
Client: Rob Levine
Petition Filed: March 16, 2026
Background: In a notice issued on Jan. 16, 2026, the Federal Aviation Administration imposed sweeping, nationwide flight restrictions that bar drones from flying within 3,000 lateral feet and 1,000 vertical feet of U.S. Department of Homeland Security “facilities and mobile assets,” including the agency’s ground vehicles. The notice states that drone operators who violate the no fly zone could be subject to criminal and civil penalties.
But there’s no means of verifying in advance whether DHS vehicles — such as unmarked cars driven by U.S. Immigration and Customs Enforcement agents — are operating in a given location. That means drone pilots across the country can’t know whether a flight will expose them to liability.
Represented by attorneys at the Reporters Committee for Freedom of the Press, Rob Levine, a drone photojournalist based in Minneapolis, Minnesota, filed this petition for review of the FAA’s notice. The petition argues that the restrictions violate the Administrative Procedure Act, are unconstitutionally vague, and have had a chilling effect on Levine’s First Amendment right to gather the news and photograph or film matters of public concern. It asks the court to vacate the FAA’s restrictions.
Quote: “Drones have helped photojournalists capture powerful perspectives that a reporter on the ground can’t,” Levine said in a statement. “But these restrictions force drone pilots to choose between not gathering the news and risking criminal charges, massive fines, or a career-ending revocation of their right to fly. That’s unacceptable.”
Related: The petition is the latest example of how Reporters Committee attorneys are helping journalists overcome legal hurdles to report on the federal government’s mass deportation effort and its impact on communities nationwide.
In the past year, RCFP has urged federal courts to drop restrictions on access to immigration records; called for DHS to protect the rights of journalists; helped journalists and news outlets fight legal battles for immigration records; and published a guide — in English and Spanish — to help journalists understand legal issues they may encounter while reporting on immigration.
Filings:
2026-03-16: Petition for review of an order of the Federal Aviation Administration