Mass. High Court: Subway Upskirt Photos Not Illegal

“Because the MBTA is a public transit system operating in a public place and uses cameras, the two alleged victims here were not in a place and circumstance where they reasonably would or could have had an expectation of privacy,” a draft of the ruling stated.

http://boston.cbslocal.com/2014/03/05/mass-high-court-subway-upskirt-photos-not-illegal/

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Please get past the thread title and cogitate on the premise put forth by the SJC. Was there not a instance where a transit cop claimed a right to privacy, contrary to the SJCs draft opinion? Heck, the transit cop may have been in a different city.

We had this same ruling in WA a few years ago. They had to specifically make a law for it if I remember. And it was used to show that cops have no expectation of privacy.

The case in Mass and the ruling were due to the DA charging the man with a statute that didn't apply to his act.

The judge wasn't saying "you have a constitutional right" to film up the skirt of someone, he was simply saying the code the man was charged with didn't prohibit the act he was accused of.

Mass legislatures will go and rewrite the law now.

For what its worth, I believe if its in public and can be seen with the natural eye it should be legal to photograph it.

I do believe though that the right to film/audio public officials in public is a constitutional right.

Also note that Mass has a law on the books that prohibits "secret" recordings of government officials in public which many people believe to be unconstitutional but as of right now hasn't been specifically addressed.