In King v. Township of East Lampeter (E.D.Pa. 1998) 17 F.Supp.2d 394, the defendant took photographs of the plaintiffs' property which he later used to support his testimony against the plaintiffs about the condition of the property. Later, the plaintiffs sued the defendant for conspiracy, claiming that the defendant had taken the pictures and later testified for malevolent reasons. (Id. at pp. 400-402, 412.) In finding that the defendant's conduct was constitutionally protected, the court first explained that the defendant's motivation was irrelevant because his testimony related to litigation designed to ensure compliance with local zoning ordinances, and, there was no evidence that the enforcement effort was a sham intended only to harass the plaintiffs. The court specifically found that taking the photographs was also protected because it related directly to and supported the defendant's testimony, and there was no claim or evidence that taking them had wrongfully invaded the plaintiffs' privacy. (Id. at pp. 412-413.) Thus, the photographic investigation of the plaintiffs' property was within the "breathing space" of the right to petition because it was incidental and related to the defendant's future, nonsham litigation.