Let me only offer this as regards a 'test case' ...
If a drone was hovering over my property, shooting photos of my kids or grand kids (or event he adults) - I'd be the first one in line to become that test case. And, the drone would be absent as evidence, well, maybe the pieces could become an exhibit.
We're pretty flexible generally, not overly aggressive, never go looking for trouble, try to bother no one, and believe in the freedoms this country offers - but that means if some guy thinks his freedom includes removing some of my freedom - namely peace and quiet on my property - where we expect privacy - we will have at it. Leave me in peace, and we'll leave you in peace.
And something else to think about: The laws regards this, and any other activity, only penalize those that break it (always open to interpretation in a court too) - The law cannot stop anyone from performing an act, it can only punish those that do it after the fact.