Massachusetts Rules “Upskirt” Photos Legal

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Though it may be controversial, it’s no mistake: the Massachusetts Supreme Court has ruled that it is legally permissible to take photos up women’s skirts. According to state law, if a woman is fully clothed and in a public place–such as Boston’s Green Line train where the incident in question occurred–anyone may photograph her in whatever way they choose:

The ruling comes after the trial of Michael Robertson, who was arrested in August 2010 by transit police for “upskirting” with his cell phone camera. Public opinion–and the apparent opinion of the court–is that such photography shouldn’t be allowed. However, the judges had no choice but to follow Massachusetts law, stating that a fully clothed woman on public transit “is not a person who is ‘partially nude,’ no matter what is or is not underneath the skirt.”

massachusetts upskirt

This man, Michael Robertson, was charged with “upskirting” on the T, which is not, in fact, a crime.

The ruling has female residents of Massachusetts feeling understandably outraged and vulnerable. However, the case has led legislators in the state to consider changing the law to include violations of privacy that occur in public. Hopefully, the contentious verdict will have a positive outcome after all.

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3 Comments

  1. Mike Penney says:

    As far as I am concerned this ruling is going to create more problems than solve. It opens the door for downright lewd behavior and/or harassment by morons with cameras (different than photographers).

    When the legislature goes to “fix” this there is a good chance they are going to go overboard and affect the legitimate news media trying to photograph something the cops don;t want you to see or a crime/criminal/fire/flood/victim/pet/or something.

    I don’t include in “legitimate” news gathering the vultures with cameras that stalk the hollywood/tv actors and actresses. As far as I am concerned, if a moron with a camera (different than a photographer) impedes your child, or your ability to walk down the street you are free to beat the crap out of them…. Better yet, get some mace and blind the bastards.

  2. This is truly outrageous and absolutely absurd.

  3. Rick says:

    Ok, so it is legal to take upskirt photos.
    Can’t they make it illegal to put a camera under women’s skirts without their consent?!

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