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Massachusetts Court Says 'Upskirt' Photos Are Legal
cold fjord writes with this CNN report: "Massachusetts' highest court ruled Wednesday that it is not illegal to secretly photograph underneath a person's clothing — a practice known as "upskirting" — prompting one prosecutor to call for a revision of state law. The high court ruled that the practice did not violate the law because the women who were photographed while riding Boston public transportation were not nude or partially nude."
BRB got some photography to do.
The reaction to this will dwarf the reaction to all that NSA business. This is the pointless stuff that Americans really like to fight over.
"A female passenger on a MBTA trolley who is wearing a skirt, dress, or the like covering these parts of her body is not a person who is 'partially nude,' no matter what is or is not underneath the skirt by way of underwear or other clothing,"
Police soon noted an uprise in kilt-wearing flashers~
Well if it really isn't actually illegal except at the subjective assessment of a particular judge, then isn't the ruling correct, and the change of law an appropriate next step? Better to utterly stamp this thing out than leave any room in the law for weaselling.
Myu:
The judges simple pointed out that under current law taking these pictures is legal. That is their job. What is needed is for the appropriate laws to be rewritten.
Just because you are paranoid does not mean that no-one is out to get you.
Dateline: 3/56/2014 5:24PM
The Massachusetts Legislature just passed a revision to the law which has now been sent to the Governor for his signature.
http://www.wcvb.com/news/upskirting-bill-passes-moves-on-to-governors-desk/24845520
It's time to remove these judges.
Nonsense. A judge's job is to interpret the existing law, not make stuff up to conform to what the law should be. If anyone should be removed, it is the state legislators, and it is the voters' job to remove them.
This is a good thing for anybody who believes in the rule of law. Laws should be written to clearly put those governed on notice as to what behavior is prohibited. Pervy or not, if the photographer was within the actual letter of the law, he shouldn't be be held criminally liable for doing something which was not prohibited. The solution is not to "interpret" the law to extend beyond its text; the solution is to fix the bad law.
If laws can be "interpreted" to go beyond their plain meanings, then it becomes difficult for those subject to them to figure out what is prohibited. Not only is it patently unfair to hold someone accountable for an action that wasn't listed as prohibited, there is a strong constitutional precedent for holding it "void for vagueness." See, e.g., Connally v. General Construction Co., 269 U.S. 385, 391 (1926):
[T]he terms of a penal statute [...] must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties and a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.
"Make it ten--I am only a poor corrupt official."
--Captain Louis Renault (Claude Rains), Casablanca
....charged with two counts of attempting to secretly photograph a person in a state of partial nudity.
....state law "does not apply to photographing (or videotaping or electronically surveilling) persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA."
While your argument is that it should be cut and dry illegal; the reality is: this specific law does not make it illegal. It has nothing to do with the judge, and everything to do with the way the law is written. The judge doesn't need to be removed, the law needs to be better written considering current technology.
Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
This is the opposite situation. You're asking people to punish someone for something that is not (yet) illegal. The person that should be punished is the politicians for writing bad laws.
Agreed. A judge isn't supposed to decide what's right or wrong, but rather what's legal or illegal. Judges are just supposed to interpret the laws as written. If there's no law against something, then a judge has no recourse but to deem that thing legal. Even if any rational person would find it in poor taste.
It's then the job of Congress (aka the legislators, aka the law makers) to make a law that rectifies the issue. So expect results sometime between now and Judgement Day. Unless, of course, some senator (or senator's daughter) gets some upskirt pictures taken. Once lawmakers actually feel the effects, the law will be passed so quickly, it might just be signatures on the back of a napkin.
This signature is false.
A judge's job is to interpret the existing law, not make stuff up to conform to what the law should be....
I agree with that.
... that makes the legislature which write the laws .... OMG, PROGRAMERS! They're one of us!!
So judges are effectively a CPU, simply executing what's written. (GOTO but not DWIW.)
But then
If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
people can wear skirts all they like, and choose how much or little they want to expose of themselves in public. if you re concerned about some out of focus dark weird angle shot of your panties, i'd suggest not wearing a skirt.
Yes, but don't we want to encourage the wearing of skirts? It's practically the only bright spot about taking public transportation.
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.