Bay State voyeurs, rejoice! The Supreme Judicial Court (SJC) of Massachusetts said on Wednesday that you have their blessings to take “upskirt” photos of unsuspecting — or for that matter suspecting — women as long as they are riding on public transportation.
CBS Boston reports that the state’s high court ruled that Michael Robertson of Andover was within his rights in August 2010 when he used his cellphone to take photos and video up the skirts of two female subway rider. Robertson was arrested by Transit Police. Yesterday, charges against him were dismissed.
Robertson’s attorneys argued that their client’s actions were protected by the First Amendment. They observed that so-called “Peeping Tom” laws, which protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, do not protect clothed people in public areas, citing Section 105 (b) of Massachusetts General Law, which states:
Post Continues on libertyunyielding.com ...