https://blog.ericgoldman.org/archives/2014/06/griping-blogger-can-show-photo-of-griping-target-katz-v-chevaldina.htm Sun, 29 Jun 2014 17:14:17 +0000 hourly 1 https://blog.ericgoldman.org/archives/2014/06/griping-blogger-can-show-photo-of-griping-target-katz-v-chevaldina.htm#comment-919 Sun, 29 Jun 2014 17:14:17 +0000 http://blog.ericgoldman.org/?p=12490#comment-919 […] Are “photos different”?: Perhaps one explanation here is that “photos are different”. A useful thought exercise is to imagine how this would have played out if Moller had not used any photos but merely had written blog posts voicing his criticism. I think a much tougher case, perhaps even a clear defense win. If K.C.’s key complaint is that her Facebook photos were obtained, doctored, and disseminated by Moller, it’s questionable as to whether that should be criminally actionable under a stalking statute. Virtually all of us have photos of us and our families online. Tracking these photos down and using them to criticize someone—in the public eye—should not be criminal activity, much less subject one to civil liability. (See, for example, a case Eric just blogged about, where a court said using a photo in the course of criticizing a public figure was fair use for copyright purposes: “Griping Blogger Can Show Photo Of Griping Target–Katz v. Chevaldina“.) […]

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