Our Beloved J-Lo is Being sued - Over a Picture of Herself

In recent documents obtained from court by E! News, Jennifer Lopez is being sued for posting a picture to Instagram from June 22, 2017. J-Lo is being sued for $150,000 in damage by New York based photographer Steve Sands. 
According to Sands, Lopez's production company, Nuyorican Productions, had obtained and used this photo for her Instagram without permission or compensation by Sands, which Sands believes is a copyright infringement. 
According to these court documents, "Defendants did not license the Photograph from Plaintiff for its Website, nor did Defendants have Plaintiff's permission or consent to publish the Photograph on its Website," resulting in the defendant being entitled to damages. 

How does this relate to the First Amendment? 

The photo that was used, was used in J-Lo's Instagram post to further promote her brand. It is also seen as an example of celebrities using photos taken by others, even though it is of themselves, for their own purpose and gain without the photographer's permission, recognition, or compensation of the photo. Lopez did not purchase this photo of herself, nor did she recognize the photographer her had taken it. This is a basic example of copyright infringement. 

source:
https://www.eonline.com/news/1142960/jennifer-lopez-sued-for-150-000-over-an-instagram-photo?query=jennifer