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Mass. High Court: Subway Upskirt Photos Not Illegal
WBZ-TV Boston ^ | 3/5/2014 | None credited

Posted on 03/05/2014 5:07:36 PM PST by RightGeek

Massachusetts’ highest court has ruled that a man accused of secretly snapping photos up a woman’s skirt on an MBTA train did not break the law.

[snip]

So-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but the way the law is written, it does not protect clothed people in public areas, the court said. The SJC ruling went on to suggest that the act in this case should be illegal, noting other states including New York and Florida have explicit laws criminalizing public upskirting.

[snip]

(Excerpt) Read more at boston.cbslocal.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Massachusetts
KEYWORDS: massachusetts; pervert
I'd like to say only in Massachusetts, but that would be incorrect.
1 posted on 03/05/2014 5:07:36 PM PST by RightGeek
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To: RightGeek

“We are living in the age of insanity.” - George Putnam.


2 posted on 03/05/2014 5:09:37 PM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: GeronL

Morality Ping.


3 posted on 03/05/2014 5:09:39 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: RightGeek

Why don’t these guys just spend a 20 on a prostitute?


4 posted on 03/05/2014 5:10:08 PM PST by Dallas59 (Obama: The first "White Black" President.)
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To: Dallas59

They’re cheap?


5 posted on 03/05/2014 5:11:04 PM PST by vladimir998
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To: RightGeek

So basically, stop wearing dresses because if you do, you are asking for it.


6 posted on 03/05/2014 5:12:10 PM PST by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: RightGeek; a fool in paradise

What about upjeans photos?


7 posted on 03/05/2014 5:13:12 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious! We reserve the right to serve refuse to anyone!)
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To: RightGeek

The accused (Michael Robertson) is a pervert, and he’s pathetic, but he did not violate the letter of the law. The court made the right decision. I’d like to think that this loser would be embarrassed by the whole process, but he might be proud of having gotten away with it. I am not sure of the solution, but this is (at least for now) not a problem that government can solve.


8 posted on 03/05/2014 5:13:49 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: RightGeek

Court made the correct ruling in this case; but the legislature can enact more specific language addressing this matter.


9 posted on 03/05/2014 5:14:15 PM PST by SeaHawkFan
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To: RightGeek

It’s clear that the court regrets having to rule the way that they did, but the law does not permit them to rule otherwise. That is a mistake that must be corrected by the legislature. Is this a crazy situation? Of course it is, but if we don’t want our judges to make law, this is what happens.


10 posted on 03/05/2014 5:15:34 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Dallas59

In the age of pervasive internet porn, this seems so “old school” Is it the thrill of the chase that inspires this?


11 posted on 03/05/2014 5:15:35 PM PST by nascarnation (I'm hiring Jack Palladino to investigate Baraq's golf scores.)
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To: Revolting cat!

The lighting is terrible?


12 posted on 03/05/2014 5:16:19 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: RightGeek

The same Court that imposed Gay Marriage AND
taxpayer-paid sex changes for murderers serving life.


13 posted on 03/05/2014 5:16:31 PM PST by Diogenesis
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To: RightGeek

Any examples of this photographic style?


14 posted on 03/05/2014 5:16:49 PM PST by Broker (Curious)
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To: BenLurkin

We’re living in Pottersville.


15 posted on 03/05/2014 5:17:11 PM PST by Riley (The Fourth Estate is the Fifth Column.)
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To: Pollster1
I’d like to think that this loser would be embarrassed by the whole process...

You must be kidding.

16 posted on 03/05/2014 5:18:45 PM PST by Steely Tom (How do you feel about robbing Peter's robot?)
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To: Broker
Any examples of this photographic style?

Here!

17 posted on 03/05/2014 5:20:48 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious! We reserve the right to serve refuse to anyone!)
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To: vladimir998

He’s not in Vegas.


18 posted on 03/05/2014 5:22:48 PM PST by Dallas59 (Obama: The first "White Black" President.)
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To: RightGeek

Some lady should kick this guy in the nuts.

Problem solved.


19 posted on 03/05/2014 5:24:18 PM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Opinionated Blowhard

I just got an idea to make money: sell women’s under panties with a message on the crotch that says YOU ARE A PERVERT!


20 posted on 03/05/2014 5:25:27 PM PST by ladyjane
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To: Riley

You might remember that Pottersville was hopping, with people spending disposable income on entertainment, while in Bedford Falls, “half the town was thrown out of work” when the old machine works shut down and the only nightlife is Martini’s bar.


21 posted on 03/05/2014 5:27:19 PM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: ladyjane

Second idea: Women’s paties with a message on the crotch that say: YOU DON”T HAVE A CHANCE TO GET IN HERE


22 posted on 03/05/2014 5:27:28 PM PST by ladyjane
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To: RightGeek

Mr. Bumble had little use for judicial reasoning. In Dickens’ Oliver Twist, he put it rather bluntly: “’If the law supposes that’, said Mr. Bumble, ‘the law is a ass — a idiot.’”


23 posted on 03/05/2014 5:29:22 PM PST by Bernard Marx
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To: RightGeek

Back when America was really America, the male passengers on the train would have taken this pervert photographer off the train and physically broken his neck. And the whole town would cheer.


24 posted on 03/05/2014 5:31:20 PM PST by greene66
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To: RightGeek
but the way the law is written, it does not protect clothed people in public areas, the court said.

They are very clearly telling the state legislature to change the wording of this law. No big deal. It's done this way in every state's High Court, virtually every month of every year.

And really, don't we prefer that the Courts apply the laws as written, and not invoke magical Judiciary Thinking and change the wording, meaning, and intent of properly-created Legislative acts? In this case, they are applying the law as written (so one dopey perv does get a pass... the price to be paid)... and telling the state legislature to change it ASAP so that the mass of other dopey pervs that will start doing more of this (now that it is being sensationalized in the media) will be able to be properly punished and innocent citizens can again be protected from such intrusions.

25 posted on 03/05/2014 5:38:04 PM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: Dallas59
Why don’t these guys just spend a 20 on a prostitute?

Firstly.... TWENTY?!? Really?!? That can't be the going rate... can it? Seriously?? That's gotta be for bottom-dwellers or something.
(Who are you doing business with out there? LOL Kidding!!!)

Secondly, I think it's the taking without permission, or doing the forbidden, that is a large part of the motivation and thrill for them. When it's allowed, it's probably not as fun.
For them: Free and offensive > paying and voluntary

26 posted on 03/05/2014 5:43:00 PM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: Dallas59

because you can’t post a prostitute on the internet?


27 posted on 03/05/2014 5:43:54 PM PST by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: Teacher317

Heh...I watch 1975 TV shows....


28 posted on 03/05/2014 5:46:55 PM PST by Dallas59 (Obama: The first "White Black" President.)
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To: Revolting cat!

Back in the old days some guys put mirrors on their shoes.


29 posted on 03/05/2014 5:48:22 PM PST by stubernx98 (cranky, but reasonable)
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To: RightGeek

So what if she was conceal carrying? What about nuisance or indecent behaviors laws.

Try that with a plain cloth cop and see if that guy would have gotten away.


30 posted on 03/05/2014 5:55:08 PM PST by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: RightGeek
I'd like to say only in Massachusetts, but that would be incorrect.

I respectfully disagree. We all complain all the time when judges engage in "judicial activism" by effectively overruling legislative enactments by re-writing the law. These judges should be commended for interpreting the law as plainly written, rather than trying to re-write the law to promote a social agenda. If the Mass legislature disagrees with the court's reading of the law, then it can pass remedial legislation. I really hope it does; regardless, the court has no business re-writing a law that the legislature should fix.

31 posted on 03/05/2014 5:55:51 PM PST by Labyrinthos
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To: Pollster1

“I am not sure of the solution, but this is (at least for now) not a problem that government can solve.”

In better days the cure would have been a knuckle sandwich or a night stick over the head.


32 posted on 03/05/2014 6:00:56 PM PST by headstamp 2 (What would Scooby do?)
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To: stubernx98

I thought I was the only one who remembered such advanced techniques. Now, I suppose they’ll be putting Google Glasses on their shoes.


33 posted on 03/05/2014 6:05:12 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious! We reserve the right to serve refuse to anyone!)
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To: Pollster1

I’m with you on this one, the guy’s a creep no doubt about it but he didn’t break the law. I thought we here in FreeRepublic believed in the strict interpretation of the law. It’s not Massachusetts’ fault, it’s not the judges’ fault it’s the fault of the lawmakers who drew up sloppy legislation.

The solution is simple, amend the legislation to cover this activity. In the meantime the courts will, rightly, uphold the law as written.


34 posted on 03/05/2014 6:07:43 PM PST by PotatoHeadMick
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To: RightGeek

Write a better law.

Next.


35 posted on 03/05/2014 6:11:23 PM PST by RIghtwardHo
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To: RightGeek; a fool in paradise
So much ado about nuttin, lighten up Francis!


36 posted on 03/05/2014 6:12:30 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious! We reserve the right to serve refuse to anyone!)
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To: greene66

Roger that, he would have been launched from the train by the first ten men to find out about it.


37 posted on 03/05/2014 7:23:18 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: RightGeek

I’d really need to see some pictures before I make a comment.


38 posted on 03/05/2014 7:31:38 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: trisham

“It’s clear that the court regrets having to rule the way that they did, but the law does not permit them to rule otherwise.”

I wish they would rule that way with the gun laws!


39 posted on 03/05/2014 7:46:37 PM PST by kickstart ("A gun is a tool. It is only as good or as bad as the man who uses it" . Alan Ladd in 'Shane')
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To: Revolting cat!

In France...


40 posted on 03/05/2014 8:11:43 PM PST by a fool in paradise (The Texas judge's decision was to pave the way for same sex divorce for two Massachusetts women.)
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To: RightGeek

Well I guess it all depends upon one’s perspective.


41 posted on 03/05/2014 8:31:40 PM PST by Uncle Chip
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To: exit82

if I caught him taking a panty shot of my wife, Girl friend, mom or sister, he would have a colonoscopy done with that camera.


42 posted on 03/06/2014 4:15:24 AM PST by Yorlik803 ( Church/Caboose in 2016)
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To: Revolting cat!
I thought I was the only one who remembered such advanced techniques. Now, I suppose they’ll be putting Google Glasses on their shoes.

iPeds for your feet (or eyePeds).

43 posted on 03/06/2014 12:32:51 PM PST by a fool in paradise (The Texas judge's decision was to pave the way for same sex divorce for two Massachusetts women.)
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To: Teacher317; Revolting cat!; Pollster1

Such laws would discriminate against voyeurs.


44 posted on 03/06/2014 12:33:22 PM PST by a fool in paradise (The Texas judge's decision was to pave the way for same sex divorce for two Massachusetts women.)
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To: RightGeek

Another protected class: crack photographers.


45 posted on 03/06/2014 12:38:20 PM PST by N. Theknow (Kennedys-Can't drive, can't ski, can't fly, can't skipper a boat-But they know what's best for you.)
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To: Revolting cat!

Charming. God bless the little ones.


46 posted on 03/07/2014 6:53:48 PM PST by Broker (Shalom y'all)
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