"If a reasonable argument can be made that publishing the picture is legitimately newsworthy, then I believe that doing so would be legal even without the subject's authorization."
I'm not surprised that there is an exemption for journalism in publishing photographs you don't have the copyright to, but I find it difficult to believe that anyone can argue with a straight face that this is about journalism, especially now that there's proof they would only do so as a form of blackmail/revenge.