Do dead people have rights?

Death is indeed a matter of public record, whether an obituary is placed or not. The publishing of a printed obituary is not what defines "public record", and there are several ways the details of death becomes public. One is the entering of the will into Probate. Once it is in probate, details are public (and published in other publications for creditors, as well as Social Security records being public after death). Announcements, memorial services, manner of disposal of the body, etc., are all at the discretion of the next of kin, regardless of what is specified in a will. These things take place before a will is entered into probate, and that is why the law leaves those decisions to the next of kin. If a person has a specific request, they should discuss it with the person who will be in charge after death, as written instructions will not be binding at that point.

The dead have limited rights about what can happen with their stuff after they die. These wishes are expressed in a will.

In this case, no. A request to not put a death notice in the paper would not be legally binding. Freedom of speech and freedom of the press and all that.

They clearly have forfeited their rights to life, liberty, and the pursuit of happiness by dying. Beyond that, what is specified in a will as to property is usually honored by law. Honoring their wishes about publicly making the death known, is not too cool...but no law forces them to keep from that.

edit

obituaries are a paid item in many newspapers...NOT a "public record" in the least.

Well, some requests by the deceased listed in a will must be honored if possible.

However, your example is a poor one, because a death is a matter of public record.

Death announcements are a matter of public record. Friends and relatives have no say-so in it. And a will is not probated until after the death, so it wouldn't matter.

Depends on whether or not it was a legally binding document. If you scrolled it on a napkin, then no. Also, there would have to be an earthly advocate to call to a judge's attention that the dead person's legally bound wish was not granted. Otherwise, it's like a tree falling in a forrest with no one around to hear it..................

On a related note, what constitutes death in the USA? The absolute cell death of all cells in the body in the body, or just no brain activity.

The dead have the right to have their wills carried out, a will is a legal directive to those left behind

Yeah that's usually part of a will. However its usually up to the family which isn't illegal. How could you press charges or sue from the pearly gates?