I feel if you have a camera on your property with a view of public spaces they have a losing argument. I doubt none of that holds water constitutionally. This is first amendment protected. If you are filming a public space with no expectation of privacy the government has no constitutional authority to restrict you if you are retaining the data private and never sharing it.
So far the only legal area that matters is the government itself being regulated in how they use ALPR since they are the entity that can actually infringe upon constitutional rights.
I fail to see how passively recording a space that you don't own is "first amendment protected". Passively recording a space isn't in and of itself speech.
> If you are filming a public space with no expectation of privacy the government has no constitutional authority to restrict you if you are retaining the data private and never sharing it.
This a shitty argument from a time where mass surveillance wasn't possible. If you have "no expectation of privacy in public spaces" than Governments could force you to wear an ankle monitor and body camera at all times since you have "no expectation of privacy".
> if you are retaining the data private and never sharing it.
"Never sharing it?" What? Free speech is literally defined by the fact that you can distribute information. Publishing your video feed (a la news helicopters, etc.) is clearly a protected activity - possibly even more so than collecting the data to begin with.