Attorneys for Trevor Thompson want some of his charges dismissed.
They said the peeping tom charges violate Thompson's first amendment rights.
They said the first amendment allows people to take pictures and the government can't prosecute Thompson for whatever thoughts he had at the time.
Prosecutors said Thompson took pictures of women in mall dressing rooms and up a co-worker's skirt.
The Rogers County DA asked the judge not to drop the charges, saying, the founding fathers did not fight a revolution to give sexual predators the right to film the private parts of women and children.