That will notion of an individual’s right to photograph a person in public held against the rights of the person being photographed, to conduct their business and affairs undisturbed, is likely to be challenged successfully before the Supreme Court when it can be shown a majority of people are under perpetual persistent technical surveillance.
You assume that some future Supreme Court case will rule that governments' use of Flock violated the Fifth Amendment, but at present Flock is violating now laws. Like I said in the my original reply: nothing is good to be legalized because nothing Flock is doing violates the law.
There's a big difference between "X is illegal" and "X is presently legal, but my prediction is that the Supreme Court will, in the future, rule that X is illegal."
