This all is a slippery slope of intent. If cameras were unknown at the writing of the Constitution, then how can we positively say that use of a camera is a First Amendment right? Since multiple-shot, concealable weapons were unknown at the writing of the Constitution, then there is no Constitutional right to conceal and carry. Either we have to interpret the Constitution to cover modern technology or we have to interpret it to not give rights of use of modern technology. As it is, we are interpreting it to suit our own interests. Nothing new there.
What we can assume about the arrest of Josh Fox is that some members of Congress have something to hide.