Gary,
I'm not saying it's OK that she's being pilloried for this.  I'm saying that she should have known better.  I'm saying that all of us have to live within the climate of our times even when the demands seem unfair.  We can work to change that climate so that even an act as insensitive or misguided as that perpetrated by Professor Shurtz won't offend because we're all secure in our society and with each other.  That is not the case presently.
But as I said she's a public figure and her actions go beyond the blanket of privacy the rest of us are cocooned in.  She's a professor of law, a profession that for many is on a par with the conscienceless behavior of CEOs.  Right or wrong, this kind of mistake is going to be hard to forgive.