Fine Points of the Law

Michael Robertson, 31, argued through a lawyer before Massachusetts’s highest court in November that his arrest for taking “upskirt” photos of a woman on the subway should be tossed — asserting that he has a constitutional right to take pictures of anything that’s not covered up in public. Said his lawyer (a woman), noting the victim’s skirt provided only partial covering, “If a clothed person reveals a body part whether it was intentional or unintentional, he or she cannot expect privacy.” Robertson’s case had been suspended at the trial court while he seeks a ruling on his legal interpretation.

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