UPDATE: Following the shocking Supreme Court ruling, Massachusetts lawmakers hurriedly approved a bill Thursday to ban those who secretly take 'upskirt' photographs of women or children in public. The bill comes one day after the state Supreme Court ruled that a man who took cell phone photos up the skirts of female passengers riding the Boston subway didn't violate state law, because the women were clothed.

"It is sexual harassment. It's an assault on another person whether it's a child or an adult," Senate President Therese Murray said moments after the Senate unanimously approved the bill. "Woman and children should be able to go to public places without feeling that they are not protected by the law."

Read the full story at FoxNews.com.


The Massachusetts Supreme Court raised some eyebrows Wednesday by ruling that a man could not be charged under a current state law for taking "upskirt" pictures of women with his cell phone. Michael Robertson (pictured) faced charges over a 2010 complaint that he had been snapping the creepy photos while riding the subway.


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The justices agreed with Robertson's lawyer's argument that the current peeping Tom laws don't apply to public places and subway riders have no expectation of privacy. The court said the law protects people from voyeurs in bathrooms or dressing rooms, and that it should be updated to cover "upskirting."

The judges wrote:

"We conclude that (the law), as written, as the defendant suggests, is concerned with proscribing Peeping Tom voyeurism of people who are completely or partially undressed and, in particular, such voyeurism enhanced by electronic devices. (The 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.

"At the core of the Commonwealth's argument to the contrary is the proposition that a woman, and in particular a woman riding on a public trolley, has a reasonable expectation of privacy in not having a stranger secretly take photographs up her skirt. The proposition is eminently reasonable, but (the law) in its current form does not address it."

Molly Line got some reaction from the streets of Boston in her report this afternoon on The Real Story.

Watch the segment above.


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