Thursday, March 6, 2014

Surprise, I'm Taking the Unpopular End of a Story

I'm not coming down hard, mind you, mainly because I haven't read the ruling, but my initial reaction to the brouhaha in Massachusetts over Upskirt Photo Guy is to say that the court made the right call. That, and everything else below, is based on my own personal inference.

From what I understand, the law in MA criminalizes taking photos of someone in public who is nude or partially nude. The prosecution was arguing that nudity could be created ad hoc based upon the perp's act of "bypassing" a victim's clothing. The court said that a plain reading didn't support that interpretation. And let's face it, the court was probably right.

We're talking about a law that for all intents and purposes seems directed at public decency and not personal privacy. So sorry, no naked photo shoots in Government Center. Someone's expectation of privacy - leaving aside whether that expectation is reasonable, for a moment - is not applicable.

Of course, you hear the standard whining about the "spirit of the law" being about privacy, but we appoint judges for their objective analytical skills, not their ability to engage in speculative scrying into the misty world of "legislative intent." The amazing thing about this case, to me, is not that the court ruled the way that it did; it's that the court was in MA.

Now if they want to snap a pic under my kilt, they'd better be ready for what they'll get...

No comments:

Post a Comment