These people are in the public domain. And exactly what product is McCain selling? Idiots...
Could you, for example, take Tom Cruise's face and name (without his permission) and create a brand of Tom Cruise Salsa or whatever? Of course not. And you couldn't use his name and face as part of a political ad, either, without his permission.
No they aren’t. A “public figure” such as a politician is not the same as a celebrity who likeness is their income.
You can use “public figures” likenesses, not celebrities.
However McCain simply compared Obama’s celebrity status to that of Paris & Britney in a political ad, so I think they’ll lose that case.