Today, there doesnt have to be a crime. Any perceived element of bias is now called a hate crime. They knew what they were doing. This was their original intention: to criminalize anything a White says or does, or doesnt say or doesnt do.
Does the child who had his picture posted of Craigslist have the right to his image and likeness?
Does that child have the right to not be marketed as a slave, even if it was a hoax?
To answer your questions:
1) It is long-settled law that the images are owned by the photographer that took the picture (copyright law). This is why you have to pay the photographer for your photograph.
2) No reasonable person (a standard in tort cases) could conclude that an ad on Craigslist highlighting a slave for sale would be valid marketing in the United States of America because slavery has been outlawed for over 150 years.
This is why liberals can no longer be considered reasonable. They do not notice these basic underpinnings of civil rights.