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As a veteran photojournalist... public means what you can see at eye level from any point on public land. if you have to shoot into someone's window or doorway or over a fence it get's sketchy. Upskirts are definitely illegal and if they are shot on government property I believe it is now a federal crime. And all of this doesn't stop you from being sued. There are a number of suits from idiots out in public parks with some girl they're cheating on their wife with. There was even a lawsuit brough on by a guy that was busted while supposedly getting workmans comp for an injury.
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