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A Morristown, N.J., court will decide whether to dismiss an indictment of a man and his girlfriend who were arrested for taking photographs of women’s buttocks in public places, such as parades and fairs.

Morris County’s Daily Record has rightly condemned the indictment:

The key factor here is that the women were photographed in public … This is not a case of people using cell phone cameras to photograph people in a quasi-private place such as a restroom or a locker room…

The defendants’ peculiar habit should not be the concern of the court. The defendants used no trickery. They simply took photos of people as they appeared in public. That’s no crime.

This case goes to fundamental First Amendment issues, and should have never been brought to court.