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"no reasonable expectation of privacy at the moment"
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This is the critical phrase in the whole thing -- if you've got a group of girls flashing during Mardi Gras and there are plenty of people taking pics, they cannot expect to have any control over those pics and their actions in public obviously override the privacy consideration.
A very good friend of mine's got some sites with this content on them, and he tells me that there really haven't been any cases that went far enough to set any specific precedent yet --
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