Saying that *relatives* have a privacy interest in crime scene *pictures* is quite a stretch. The pictures contain *no* information about them.
It is not a stretch. TThe ruling says it the LIVING who deserve protection. Foster was a husband, a father, and son to real living human beings who loved him. They do not want pictures of his corpse plastered all over the world for all to see for all time. As the court ruling says: "An early decision by the New York Court of Appeals is typical: “It is the right of privacy of the living which it is sought to enforce here. That right may in some cases be itself violated by improperly interfering with the character or memory of a deceased relative, but it is the right of the living, and not that of the dead, which is recognized. A privilege may be given the surviving relatives of a deceased person to protect his memory, but the privilege exists for the benefit of the living, to protect their feelings, and to prevent a violation of their own rights in the character and memory of the deceased.”
Favish is just wrong on the law. Nice try but no cigar.