An Andover man eager to win the Scumbag of the Year award is on his way to the Massachusetts Supreme Court to argue that taking “up-skirt” shots of unsuspecting women is protected under the First Amendment.
According to the Boston Herald, Michael Robertson was arrested for allegedly trying to take cellphone photos up women’s dresses on Boston’s Green Line subway in August 2010. The incident included an undercover transit cop and a passenger. Robertson believes he did nothing wrong arguing that women in skirts are taking a chance when riding the train since there’s no guarantee of privacy. Just like the founding fathers intended.
If convicted, Robertson could face more than two years in jail.
Robertson’s lawyer Michelle Menken says that the laws regarding taking unwanted pictures of women are outdated and are actually protected under the First Amendment — an argument that may help her client, but probably doesn’t help the reputation of lawyers.
The appeal is set to go before the Boston Supreme Court today. Robertson’s trial in Boston Municipal Court has been stayed pending the court’s ruling.
In the meantime, it may be a good idea to carpool to work.