this post was submitted on 01 Sep 2023
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Flying the drone might be permissible under the open fields doctrine, but stopping people from assembly on their own private residential properties absolutely spits in the face of the "The right of the people peaceably to assemble" clause of the 1A.
Not open fields, plain view. It's public airspace and what you can see from public you can record in public.
I doubt that would hold up in a court of law. The ability to record in public hinges on having no “reasonable expectation to privacy” while in public spaces. You DO have a reasonable right to privacy in the backyard of your own property, even if it’s visible from some public airspaces.
It's new York so long as your neighbor could see into your yard so could they.