For that to be so assumes all other airspace is unrestricted. It's not. In any case,
it's not a constitutional right, which was the point.

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Although the 4th Amendment concerns actions by government, this case differentiates aerial surveillance
from aircraft vs. that from drones, which applies to the reasonable expectation of privacy in general:

"The FAA regulations, 14 CFR part 107,5 require drone operators to keep drones within visual observation at all
times, fly drones no higher than 400 feet, refrain from flying drones over human beings, and obtain a certification.
Such rules reflect the fact that drones are qualitatively different from airplanes and helicopters: they are vastly smaller
and operate within little more than a football field’s distance from the ground. A drone is therefore necessarily more
intrusive into a person’s private space than would be an airplane overflight. Furthermore, unlike airplanes, which routinely
fly overhead for purposes unrelated to intentionally-targeted surveillance, drone overflights are not as commonplace, as
inadvertent, or as costly. In other words, drones are intrinsically more targeted in nature than airplanes and intrinsically
much easier to deploy. Furthermore, given their maneuverability, speed, and stealth, drones are—like thermal imaging
devices—capable of drastically exceeding the kind of human limitations that would have been expected by the Framers
not just in degree, but in kind."