IANAL, but neither is the author of the of article cited in the
original post, so...

C J Campbell wrote:
Not4wood said:

Sure, but if you:

A- sell a shot of someone without a Model Release, that person who you
photographed can sue you and the publication for using there image
without
consent. Probably they can then retire and buy an Island in the
Caribbean.

Not if the photo is for editorial use. Only commercial usage needs a
model release.

The major distinction there is editorial versus advertising
context. People publish and sell photos of celebrities without
their permission all the time. Using a person's image in an
advertisement generally requires their permission.


In the US, you can take pictures of anyone in a public place or if they
can be seen from a public place. If they hit you with a bat you can sue
them for assault. No one has a right to privacy in a public area. If you
are on a cruise ship or with a tour group, for example, people cannot
stop you from taking their picture.

A cruise ship? Those are invariably private property. Worse,
you'd have to know what law applies given where it is and
what flag it flies.


Neither can they stop you from
taking their picture when they are standing in a window. There is no
reasonable expectation of privacy, for example, for someone who is
visible from the street eating spaghetti in a restaurant,

Maliciously holding people who are not "public figures" up
to public scorn or ridicule can be actionable, even if all
editorial content is true and all images unaltered. The bar
for plaintiffs in such cases is high, but if when you aim your
camera into the restaurant, you happen to catch an ordinary
pasta-lover in an embarrassing but not uncommon noodle-drool,
don't publicize the image as "duface of the year".

[...]
Courts are very protective of freedom of expression and will limit it
only when absolutely necessary to preserve public order.

Right. When the expression is important to you, refraining
for fear of legal consequences is unwarranted, and, worse,
cowardly.

If you want to stand up for the right for the sake of the
right, without a plausible argument for the importance of
the particular expression at issue, that's good too. Just do
it for someone else's case, not your own. Robert Zicari and
Paul F. Little are not First Amendment champions; they are
scum. Their cases won us a little bit of freedom because
better people stood up.


--
--Bryan