As a further point of clarification, it should also be pointed out that this
case is not concerned solely with photographing dead people without the permission of
the next of kin. A photojournalist may take pictures of the dead—on the battlefield, for
example, or as the result of a public accident or tragedy, such as the horrible spectacle of
death surrounding the attack on the World Trade Center—to document a newsworthy
event. It is generally understood that such photographic documentation is a form of
protected speech and a part of the freedom of the press that cannot subject the
photographer to either criminal or civil liability, no matter how shocking to the
sensibilities of the family.