What makes the right of publicity cases special is that they invoke intellectual property rights, rather than just rights of privacy. While privacy does not trump, or even stand with the 1st amendment, intellectual property does because it has its own section in the Constitution. IP rights can trump the first amendment - the satire cases are important because they are an exception to this rule. Thus you can give a celebrity more protection than a mere citizen because the value of the celebrity's image has been found to be intellectual property. News can trump right of publicity, hence National Inquirer and People, but if People started selling their covers as posters, they might have some problems.

As Jeff said, until the Gang of Nine weighs in, this is an uncertain world. We should encourage Nussenzweig to appeal and hope that the appeals court goes with him, so the case can be brought before the Supreme Court. Before you get too comfortable with the 1st amendment defense, remember what happened to Jock Sturges because of the porno act. While was eventually cleared, it cost him a lot of time and money. Sally Mann should be glad her kids grew up before that one passed.