Are Up-Skirt Photos Free Speech?

Michael Robertson is suing for the right to take upskirt shots of women on the subway. Should we hail this guy as a hero? He was arrested back in August 2010 in Boston. His lawyers argued, 'If a clothed person reveals a body part whether it was intentional or unintentional, he or she can not expect privacy,"  said Attorney Michelle Menken. Do you agree?

Menken said taking pictures in public is fair game. The way the law is written protects people in dressing rooms and bathrooms who are nude or semi nude but the way the law is right now it doesn't protect clothed people in public areas.

Chief Justice Roderick Ireland asked, “Is there any difference between what the naked eye can see and what a camera can see?” This guy has been charged with two counts of of photographing an unsuspected nude or partially nude person in a private place. What do you think about this?