Maybe it's different in Utah, but around here you are not allowed to fly motorized model airplanes in the air (between ground and clouds) within the boundaries of most public parks -- plain and simple. If you feel this is illegal, good luck with the fight. Yes, freedom of expression is communication - as in putting the photos on display for public viewing. The First Amendment in no way grants you the freedom to use any method or place you want in how you obtain those photos. That has nothing to do with communication. I appreciate your help, but I think your argument is wrong. The county has the legal right to establish county land use restrictions. If you want to argue that it doesn't include the air above the playground and kiddie pool, nature preserves, etc. I think you are fighting a losing battle. The county legislators are going to act in what they perceive as being in the best interest of the people of their county and, at this point, I bet there are more people who don't want drones flying over their heads in county parks than do. It's just the reality of how things have developed due to the bad press and public perception.
Can you point me to any such law or rule? Reason I ask, I'm betting it states that they can't be launched, landed or controlled from that property... not that they can't be flown over the property.
Reason I mentioned the 1st Amend. is that their initial law specifically states that photos could not be taken. Laws already exist that govern when, where and how photos can be obtained. If they want to duplicate these laws, then have at it. This has been done in other areas (i.e. it's illegal to take photos using a drone into a window of someone else's home... things like that).
I never said that the county or city could not govern their land. I never came even close to saying that they could not. My argument relies _heavily_ on people understanding that there is a difference between regulating the use of land and regulating airspace.
Some people don't think women should vote. There are some people who don't think alcohol should be legal. There are some people that think all guns should be illegal. But we have a system set up that we need to follow in order to make laws. I'm simply saying that they should be followed.
Law makers make illegal laws _all of the time_. The know full well that they are illegal but they have their rich buddy who knows everyone to tell them of a problem so they make a law for or against it. They feel their job to help certain people is more important then doing what is right for the few.
I'm trying really hard not to pass judgment on these two idiots in Suffolk County (well, okay... not "really" hard) but read some of the things they have said. They fear that drones will be used to look through windows at private documents and have said that this law is only a start. They don't even try to hide their agenda, to stop photos from being taken from drones... which _is_ illegal (and why they changed the wording).
Trust me... once we allow a few of these laws to be made, most locations will follow suit. It will then be "illegal" to fly a drone at all.