The Daily Southerner, Tarboro, NC

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Menken maintains that the laws regarding taking unwanted pictures of women are outdated, and such actions are protected under the First Amendment.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

    Smartphones need kill switches. It's a relatively easy solution to the pricey (and irritating) problem of smartphone theft. But who would have thought that the big carriers would team up with Apple, Google, Microsoft, Nokia, Samsung and lots of other manufacturers to voluntarily begin adding the technology by July 2015? The cooperative spirit! It makes so much sense!

    April 18, 2014

  • Why do wolves howl?

    Of all the myths that dog the wolf, none is more widely accepted than the idea that wolves howl at the moon. Images of wolves with their heads upturned, singing at the night sky, are as unquestioned as a goldfish's three-second memory or a dog's color-blindness (both also myths).

    April 18, 2014

  • Biggest student loan profits come from grad students

    This week, the Congressional Budget Office projected that the federal government would earn roughly $127 billion from student lending during the next 10 years.

    April 18, 2014

  • quake.jpg Pennsylvania won’t take action following Ohio ruling on quakes, fracking

    Pennsylvania officials plan no action despite new Ohio rules on drilling that affect a seismically active area near the state line.

    April 18, 2014 1 Photo

  • VIDEO: Boston bomb scare defendant appears in court

    The man accused of carrying a backpack containing a rice cooker near the Boston Marathon finish line on the anniversary of the bombings was arraigned Wednesday. He's being held on $100,000 bail.

    April 17, 2014

  • Consumer spending on health care jumps as Affordable Care Act takes hold

    Nancy Beigel has known since September that she would need hernia surgery. She couldn't afford it on her $11,000 yearly income until she became eligible for Medicaid in January through President Barack Obama's signature health care law.

    April 17, 2014

  • The case for separate beds

    The other night I slept on a twin bed in the guest room of the house I share with my husband and our two kids.
    It was the best night's sleep I've had in years.

    April 17, 2014

  • Raw oysters spike U.S. rise in bacterial infections, CDC reports

    Raw oysters, so good with hot sauce, increasingly can carry something even more unsettling to the stomach: A bacteria linked to vomiting, diarrhea and pain.

    April 17, 2014

  • To sleep well, you may need to adjust what you eat and when

    Sleep.  Oh, to sleep.  A good night's sleep is often a struggle for more than half of American adults.  And for occasional insomnia, there are good reasons to avoid using medications, whether over-the-counter or prescription.

    April 16, 2014

  • Doctors to rate cost effectiveness of expensive cancer drugs

    The world's largest organization of cancer doctors plans to rate the cost effectiveness of expensive oncology drugs, and will urge physicians to use the ratings to discuss the costs with their patients.

    April 16, 2014

AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
Facebook
Twitter Updates
Must Read