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Controversial DHS TFR Faces First Legal Challenge

Minnesota photojournalist sues FAA over restrictions, which cover DHS ‘mobile assets.’

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Expansive TFR covers all DHS ‘mobile assets,’ raising questions about how drone operators are meant to comply with constantly shifting restrictions. [Credit: iStock]
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Key Takeaways:

  • Independent photojournalist Rob Levine has filed the first legal challenge against a new FAA temporary flight restriction (TFR) that bans drones near U.S. Department of Homeland Security (DHS) ground operations.
  • The controversial TFR is criticized for its vagueness, constantly shifting nature, and invisibility, making compliance impossible for drone operators and severely impacting aerial newsgathering.
  • Critics argue the TFR is unconstitutional, violating First and Fifth Amendment rights and due process, and imposes severe, immediate penalties including criminal charges and loss of pilot certification for violations.
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A Minnesota-based journalist this month filed what appears to be the first legal challenge against a controversial FAA temporary flight restriction (TFR) that bans drones from flying near U.S. Department of Homeland Security (DHS) ground operations.

In a petition filed with the U.S. Court of Appeals for the District of Columbia Circuit, independent photojournalist Rob Levine argued that the TFR is unconstitutional and has effectively chilled aerial newsgathering. Issued in January via notice to airmen (NOTAM), the restriction covers DHS “mobile assets” including “vessels and ground vehicle convoys and their associated escorts,” citing national security concerns.

Jack Daleo

Jack is a staff writer covering advanced air mobility, including everything from drones to unmanned aircraft systems to space travel—and a whole lot more. He spent close to two years reporting on drone delivery for FreightWaves, covering the biggest news and developments in the space and connecting with industry executives and experts. Jack is also a basketball aficionado, a frequent traveler and a lover of all things logistics.

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