Xbiz Taps Lawrence Walters for Comment on Massachussetts Upskirt Ruling
XBiz.com covered the recent Massachusetts Supreme Court ruling that upskirt images and videos taken by Michael Robertson were legal and did not violate any law sine the persons are still fully clothed. Xbiz referred to adult industry attorney, Lawrence Walters, for comment, who said, “This decision dealt with a charge of ‘upskirting.’ Different states have passed a variety of differently-worded statutes to address this conduct, in recent years. The Massachusetts statute at issue here prohibited the filming of persons who were ‘nude’ or ‘partially nude.
Immediately, Massachusetts lawmakers took to update the state law to prohibit such photos. However even with an update, there potentially are exceptions that need to be addressed. Lawrence Walters added, “Prohibiting a journalist, for example, from covering an auto accident, or terrorist attack, merely because some of the bodies may be nude or partially nude, would be constitutionally problematic. So long as the statutes are narrowly-tailored, and make exceptions for news-gathering, they will likely be upheld.”