Anywhere there’s something to take a picture of qualifies as a congested area already, and low-flying aircraft are already prohibited except for takeoff and landing from Pine Village Airport (AR34) a privately owned unpaved turf runway around which the flight restriction is centered. The disaster relief coordinator Tom Suhrhoff who requested the restriction, has stated that exceptions will be made for news aircraft provided they don’t interfere with the relief helicopter operations. In any case, typical heights for aerial photography range from 1000-2500 feet above ground level, or more in mountainous terrain.

Second, the first amendment does not grant the right for journalists to enter private property; there is no more right to enter corporate property to take pictures of the spill than there would be a right to enter a private residence wherein a crime had been committed. Obviously photojournalists have no trouble taking pictures from publicly accessible ways.