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Not just being contrarian, I don't think there's any problem with the KKK using an image of someone dead. They could use George Washington or my grandpa. I wouldn't like it, but I don't like the KKK to begin with. You can always dream up extreme cases, but they shouldn't be the guiding force. Some scenarios like this might be distasteful, but it's not reason to institute property rights over what the living deem a dead person's persona to be. I think the medicine is far worse than the disease here. We don't stop vaccinating because the adverse risk is non-zero. Most people don't want to end up in front of a jury, whatever their chances, so that pressure would prohibit a lot of expression, and IMHO pervert the historical narrative.