Mike Johnston wrote:

>>I would think that it would depend where in the world you were. Here in the
>>US there was no restrictions as long as you were on public property. After
>>9/11, who knows.


> There are some restrictions
> on publishing as well. There was a famous case a few years ago when the NY
> Times magazine published a picture of a black man in a business suit in a
> city cross walk and used it to illustrate a story about  the black middle
> class--the fellow sued, arguing that he was not a member of the middle class
> but the upper class, and that he was not a representative of the article's
> subject. 


  I recall that one, but  my recollection is that the suit was on 
slightly different grounds. The photo was a large cover shot on the 
Sunday NY Times Magazine of the guy striding down the street in a 
well-tailored suit carrying a briefcase and the cover carried a tag 
referring to a story inside about members of the emerging Black middle 
class ignoring the remaining problems of the poor, turning their backs 
on the ghetto, and the like. And his suit essentially claimed that he 
had done no such thing, that the juxtaposition misrepresented his views, 
and he was publicly embarrassed and defamed. He did win, and I think 
that was a correct decision. Sort of the equivalent of publishing a 
photo of carefree Mike Johnston walking down the street to illustrate a 
story about "Ax murderers going free" even though he was not an ax 
murderer. :)

Of course, I also am going on memory, a memory that gets more feeble as 
the years go by, so I may not have all details right. :)

Another suit I recall hearing about a while back -- the woman who 
appeared in Dorothea Lange's famous photo, "Migrant Mother" (PDML 
reference, p. 599), sued years later, because the photo made her look 
poor and hopelessly destitute but she had become successful and entered 
the middle class, etc., so she was embarrassed. I believe she lost that 
suit, and I think that was a correct decision since the photo was 
historically accurate.

At any event, the moral is, be careful of how you use photos. :)
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