Glasgow Daily Times, Glasgow, KY

Community News Network

November 5, 2013

Attorney: Women on subway are fair game for 'up-skirt' pics

BOSTON — An attorney argued Monday that women can't expect privacy in a subway from people like her client, 31-year-old Michael Robertson, who is accused of using his cell phone camera to snap "up-skirt" pictures of female passengers.

"If a clothed person reveals a body part, whether it was intentional or unintentional, he or she cannot expect privacy," attorney Michelle Menken told the seven justices of the Massachusetts Supreme Judicial Court.

Menken maintains that the laws regarding taking unwanted pictures of women are outdated, and such actions are protected under the First Amendment.

Robertson, of Andover, Mass., was arrested in August 2010 for allegedly trying to take photos up women’s dresses on Boston’s Green Line subway.

Robertson’s trial in Boston Municipal Court has been stayed pending the appeal before the state’s highest court. He was not in the courtroom for the arguments.

Menken told the justices that so-called "peeping Tom" laws protect nude women and men from being photographed in dressing rooms and bathrooms. However, the law as worded does not protect clothed people in public areas.

Attorney Cailin Campbell argued on behalf of the state "there is an understandable expectation that one can have on not being photographed like that in that kind of setting."

But Menken said she is worried about First Amendment rights being violated if Robertson is convicted.

"For example, say a woman is breast feeding in public and someone who is morally opposed to this or even a journalist takes a picture. The woman may be covered, but for some reason the picture shows a little bit of her breast. Now, that person who took the photo can be charged with the same thing," Menken said.

Robertson is being charged with two counts of photographing an unsuspecting nude or partially nude person. If his appeal to the state's high court fails, he could face more than two years in jail if convicted.

Details for this story were reported by The Eagle Tribune in North Andover, Mass.

1
Text Only
Community News Network
  • mama.jpg What we get wrong about millennials living at home

    If the media is to be believed, America is facing a major crisis. "Kids," some age 25, 26, or even 30 years old, are living out of their childhood bedrooms and basements at alarmingly high numbers. The hand-wringing overlooks one problem: It's all overblown.

    July 22, 2014 1 Photo

  • Wal-Mart to cut prices more aggressively in back-to-school push

    Wal-Mart Stores plans to cut prices more aggressively during this year's back-to-school season and will add inventory to its online store as the chain battles retailers for student spending.

    July 21, 2014

  • Hospitals let patients schedule ER visits

    Three times within a week, 34-year-old Michael Granillo went to the emergency room at Northridge Hospital Medical Center in Los Angeles because of intense back pain. Each time, Granillo, who didn't have insurance, stayed for less than an hour before leaving without being seen by a doctor.

    July 21, 2014

  • Starved Pennsylvania 7-year-old weighed only 25 pounds

    A 7-year-old Pennsylvania boy authorities described as being so underweight he looked like a human skeleton has been released from the hospital.

    July 21, 2014

  • Malaysians wonder 'Why us?' after second loss of airline jet

    It was all too familiar. Grieving families rushing to airport. The flashing television graphics of a plane's last radar appearance. The uncomfortable officials before a heavy thicket of microphones.
    For many Malaysians, the disappearance of Flight 370 in March has been a long trauma from which the nation has not yet recovered.

    July 18, 2014

  • A quarter of the world's most educated people live in the 100 largest cities

    College graduates are increasingly sorting themselves into high-cost, high-amenity cities such as Washington, New York, Boston and San Francisco, a phenomenon that threatens to segregate us across the country by education.

    July 18, 2014

  • Your chocolate addiction is only going to get more expensive

    For nearly two years, cocoa prices have been on the rise. Finally, that's affecting the price you pay for a bar of chocolate - and there's reason to believe it's only the beginning.

    July 18, 2014

  • Facebook tests button to let people shop from its website

    Members on desktop computers or mobile devices can click a "buy" button to make purchases through advertisements or other posts on the world's largest social network, the Menlo Park, California-based company said Thursday in a blog post.

    July 17, 2014

  • The terrible history of passenger planes getting shot out of the sky

    What is more clear is that, if initial reports are true, this would be the deadliest incident of a civilian passenger plane being shot down in modern memory. In some instances, the causes of the disaster are still shrouded in mystery. Here are some of the worst events.

    July 17, 2014

  • 130408_NT_BEA_good kids We're raising a generation of timid kids

    A week ago, a woman was charged with leaving her child in the car while she went into a store. Her 11-year-old child. This week, a woman was arrested for allowing her 9-year-old daughter to go to the park alone. Which raises just one question: America, what the heck is wrong with you?

    July 17, 2014 1 Photo