Can a Perv Skirt Privacy Laws by Raising The First Amendment?

MA - An Andover man is hoping to slip past the law by arguing women in skirts are taking a chance when they ride the T (Boston's transit system) because there’s no guarantee of privacy. 

Michael Robertson is appealing to the state’s highest court saying he didn’t commit a crime when he allegedly tried to take cellphone photos up women’s dresses on the Green Line in August 2010.

That “up-skirt” case included an undercover transit cop and another T passenger. The 31-year-old now faces more than two years in jail if convicted of two counts of photographing an unsuspecting nude or partially nude person.

His lawyer argues it’s the outdated law that’s in the wrong — not her (sic) client — and other photographers could have their First Amendment rights trampled, too. (more)