Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Upskirt Photos Are Free Speech, Argues Alleged Subway Perv
By
Lauren Evans
Published Nov 6, 2013
Modified Nov 6, 2013
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Lauren Evans
Published Nov 6, 2013
Modified Nov 6, 2013
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
Going out in public automatically exposes you to the possibility of having your picture taken. By leaving the safe confines of your Hobbit hole, you are abandoning your "reasonable expectation of privacy." One Massachusetts man asserts that this logic also applies to his habit of taking upskirt shots of women's genitals, since the fact that they were not cloaked in shrink wrap or pants mean that they are, essentially, out in the open. The skirt is more of a formality.
31-year-old Michael Robertson was busted in 2010 for allegedly attempting to take photos up women's dresses on Boston's subway, the Eagle Tribune reports. But rather than hang his head and pay his penance like a normal subway perv, Robertson's attorney is arguing that the women's crotches were actually asking to have their photos taken by waggling around in public like that.
“If a clothed person reveals a body part whether it was intentional or unintentional, he or she can not expect privacy,” Robertson's attorney, Michelle Menken, argued yesterday. She added that while the state's peeping Tom laws protect people from being photographed in bathrooms and dressing rooms, women and their associated body parts are fair game once in public.
And anyway, Menken said, the victims weren't even nude—they were wearing underwear! Taking a picture of underwear isn't really any different than taking a picture of a denim-covered knee. Or something.
Robertson is charged with two counts of photographing an unsuspecting nude or partially nude person, and faces two years in jail if convicted. But with a defense like that, we're confident that Robertson will be helping women's underwear gain the exposure it's been missing for years to come.
(h/t Jezebel)
Tagged
subway perverts
upskirt pervert
Lauren Evans
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Amtrak's Penn Station plan could funnel taxpayer money to new venue for James Dolan
The federal government's plan to rebuild Penn Station would require the purchase of a theater attached to the west side of Madison Square Garden.
By
Ramsey Khalifeh
Published Nov 6, 2026 at 4:34 p.m. ET
Intoxicated Queens driver killed baby after running stop sign, indictment says
The Queens DA's office says the driver was on cocaine and THC.
By
Giulia Heyward
News
Intoxicated Queens driver killed baby after running stop sign, indictment says
The Queens DA's office says the driver was on cocaine and THC.
By
Giulia Heyward
Man arrested in NYC on accusations of sexual assault, rape on Cape Cod, officials said
By
Brittany Kriegstein
Service upgrade coming to On The Way: An hour-long radio show on all things NYC transit
By
Stephen Nessen
NYC schools’ standoff with Google over AI raises prospect of no search in class
By
Jessica Gould
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .