Before you all throw your hats in the air, are terrorists doing a photo recce. for a forthcoming major attack on Washington also protected by the first amendment ?
If I wanted to get pictures of a place to attack it I'd just use a smartphone. I could take hundreds of shots everywhere and be hardly noticed, if at all. From above there's Google maps and numerous other aerial photography sites.
I do use a digital device in my photographic pursuits when necessary.
When someone rags on me for using film, I use a middle digit, upraised.