Fair use is a defense against a claim of copyright infringement. This is about whether you can publish someone's picture -- and perhaps even profit off it. So

Fair use is a defense against a claim of copyright infringement. This is about whether you can publish someone's picture -- and perhaps even profit off it. Sorry to tell you but the First Amendment is clear here, like this kind of speech or not. It's like you guys have never seen Hot or Not, the NY Times Sunday style section or a copy of Vice magazine. Get a grip.