Eugene Volokh points us to a decision in Tagouma v. Investigative Consultant Servs., Inc.
While some individuals might expect a certain level of privacy in a house of worship, the specific intrusion here concerned observation of [Appellant] that any member of the non-trespassing public could have observed simply by driving up to the building in which [Appellant] was located. As such, a reasonable person videotaped under similar circumstances could not have considered such conduct “highly offensive” or have taken “serious offense” to it.
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