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Disbarment case discussion
Last Post 08/10/2018 7:50 AM by Dredd
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02/16/2018 9:23 AM
Author: Kslade [21813]
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I am a paralegal and have been brushing up on 1st Amendment issues.

I stumbled on a Supreme Court case where a man had been seen taking photos up unknowing women's skirts also known as "Upskirting".

The man appealed the case to the Supreme Court and he won.

COMMONWEALTH vs. Michael ROBERTSON.
SJC-11353.
Suffolk. November 4, 2013. - March 5, 2014.

He didn't win by denying he took the upskirt photographs. He won 'cause his attorney claimed it was his legal right to take those photos. It seemed to have come down to a loophole in Mass's Peeping Tom law which has since been amended.

The man basically proved that the Peeping Tom law only applies to people being photographed unknowingly while nude or partially nude in places like dressing rooms, and does not cover strangers in public settings that are clothed such as train passengers.

Another reason this case stood out is 'cause I remembered Stephen Colbert featured this man on his show a few years ago sarcastically call him a patriot who fought the good fight for peeping Toms.

The most surprising part for me was that the defendant was and is an attorney. He didn't argue his own case. But is licensed in the state where the incident occurred, working as a mediator. Either that or he has a twin brother with the same age and name working in Boston.

This case was extremely well known. It couldn't have went unnoticed by the bar.
Maybe he's a superb professional and his employer gave him a second chance or maybe he changed his ways I don't know. But it doesn't seem that the bar disciplined him and that goes against everything I have heard coworkers say about how rigid the bar is about lawyers behavior. Am I wrong or does doing something morally wrong not count against your status as a lawyer if you argued your way through a loophole while admitting to the accusations?





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02/19/2018 5:25 PM
Author: there is NO SUCH THING as a "loophole" in the law [21813]
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Its just the law

learn to obey it

If someone isn't in violation of it, change it, or STFU and go home crying

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08/09/2018 10:12 AM
Author: Callo [21813]
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Posted By Anonymous on 02/19/2018 5:25 PM
Its just the law

learn to obey it

If someone isn't in violation of it, change it, or STFU and go home crying


I think we are in the presence of an alpha male.

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08/10/2018 7:50 AM
Author: Dredd [21813]
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Guilty

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