Eugene Volokh discusses a web

Eugene Volokh discusses a web site which posts photos of women who are suspected of getting abortions (taken from outside the clinics) in an effort to shame them into… well, feeling ashamed, I guess.

Question to Prof. Volokh (or anyone else): Could any kind of an “improper use of name or likeness” argument be made here? I poked around the web site in question, and didn’t see any requests for donations, which might have made that kind of attack easier. But surely some benefit is accruing to the fellow hosting this web site by using these women’s photos.

Update: Professor V has swiftly responded to my query, and in a nutshell answers, “Nope”. I actually should have known that, but it’s been quite a few years since my Comm Law class…