It read like a privacy issue. Then I read your comment, and was confused.
> More proper would be "NYPD Bypassed Facial Recognition Ban to ID Rock-Throwing Assailant"
This is inaccurate. The charges were dismissed. At best, it's an alleged rock-throwing assailant.
> In the end, this is not a free speech issue except tangentially; it is a privacy issue.
That's what the original headline suggested to me on first reading. Why did you think the headline was a free speech issue?
That being said, the threat of a government disobeying its own rules and policies is a deterrent to free speech.
Because it seems highly unlikely that if I were to walk out of my apartment right now, walk down to the waterfront, and throw a rock at a group of people sitting at Marsha P Johnson park that the NYPD would even respond to the call. Never mind getting a fire marshal involved to run my photo through a facial recognition program. They've got more important things to deal with. (I'd also, of course, never do this).
This was a protest movement that was a national story and included congressional hearings, so it does seem relevant to have the context.