Accused Peeping Tom: 'Upskirt' Photos Free Speech
Says people in public can't expect privacy
By John Johnson, Newser Staff
Posted Nov 6, 2013 6:21 PM CST
   (Shutterstock)

(Newser) – A Boston man is making the case that the Constitution allows him to secretly take photos up women's skirts in public. The lawyer for 31-year-old Michael Robertson argued that her client's actions in the Boston subway are protected by the First Amendment and that women "cannot expect privacy" from guys like him in public, reports the Eagle-Tribune. As for peeping tom laws, they protect nude or partially nude people in bathrooms or dressing rooms, she said. They don't apply to fully clothed people in public.

A prosecutor shot back that people are entitled to an "understandable expectation" that they won't be photographed like that, even in a public setting like a subway. And then he made case that the peeping tom laws should apply because if the women's privates were photographed, that qualifies them as "partially nude." At the Gloss, Julia Sonenshein sounds a little exasperated: "The arguments have basically devolved into what is considered 'partially nude' versus fully clothed, which is completely arbitrary," she writes. "Can we seriously not agree that regardless of your state of undress, you cannot be photographed against your will for sexual purposes?" (Last month, an air marshal was accused of taking upskirt photos of passengers.)

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Cappiee C Cappiee
Nov 8, 2013 3:53 PM CST
"Says people in public can't expect privacy" Does this mean streaking will make a comeback as privacy is not a reasonable expectation there either?
Cappiee C Cappiee
Nov 8, 2013 3:51 PM CST
To moderator: One question on the comment policy is, "how does one know they have been suspended?"
viva_yo
Nov 8, 2013 2:14 PM CST
It happened to me when I was young. I was wearing a long skirt, standing on line at the post office. A guy had put a briefcase on it's side & pushed it under my skirt. When I saw it I moved but there was not much room on the line to move much. I later saw the "upskirt" magazine outed in a newspaper article & they showed the hidden camera in a briefcase. I wore a long skirt with the expectation of being able to move freely without showing anything, not of someone crawling on the ground trying to take pictures. That's an invasion of privacy.