So, Apparently Subway Up-Skirt Shots Are Legal in Massachusetts

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Photo: Eunice Harris/Getty Images

Massachusetts' highest court sided with an accused Peeping Tom who argued that he was exercising his First Amendment rights when he took up-skirt photos of a woman on Boston's MBTA subway. The court ruled that, while the state's Peeping Tom law prohibited photographing someone nude or partially nude without their knowledge, taking photos of someone who was fully clothed but "has one or more of the private parts of body exposed in plain view" was okay. The judges' best advice to those who want up-skirt shots to be illegal: update the law.