One of the classic cases referenced in all of the photojournalism textbooks is Graham vs. Daily Times-Democrat from 1964. Ms. Graham was exiting a funhouse at a county fair when a photographer from the local newspaper snapped her photo just as she passed over a grate that blew up her dress and exposed her underwear. The paper published the photo with the caption "All's fair in Fair Fun." Even though her face was not visible in the photo, Graham asserted that she was identifiable due to two of her children also appearing next to her. She sued the paper and won damages. The jury in the case found that the photo, though truthful and captured in public, was embarrassing without containing any information of legitimate concern to the public. Had the photo also communicated something the jury found to be of legitimate concern to the public, she would not have been awarded damages.

The State Supreme Court stated in their decision of the appeal:

There is a fertile medium in this field of torts for the production of conflicts between the right of the individual to be let alone, and the right of the public to know--the latter concept being crystalized in our age old concept of freedom of speech and of the press.

For a more complete look at what one can and can not do with photos taken in public places in the U.S., please see: A photo of my wife has been used in a website article without her permission. What can we do?