Florida newspapers appeal ruling on autopsy photos

By The Associated Press

12.18.02

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WEST PALM BEACH, Fla. — Two newspapers have filed an appeal challenging the constitutionality of a law restricting access to autopsy photos.

The Orlando Sentinel and the South Florida Sun-Sentinel filed a brief Dec. 11 in the 4th District Court of Appeal in West Palm Beach challenging the constitutionality of the Family Protection Act, passed after race car driver Dale Earnhardt's death.

Under the law, upheld by a circuit judge last July, unauthorized people who view or copy autopsy photos can be fined $5,000 for committing a felony. Proponents say it protects families from seeing their relative's autopsy photos published or placed on the Internet.

The newspapers argue that the law — which was championed by Earnhardt's wife, Teresa — is too broad and will restrict the use of autopsy photos for teaching purposes.

Earnhardt died Feb. 18, 2001, when his car hit the wall on the final turn at the Daytona 500. Doctors said he died instantly from head injuries. An autopsy was performed the next day.

The Sentinel sought to have Earnhardt's 33 autopsy photos examined by an independent safety expert to determine whether better safety equipment could have saved Earnhardt's life. The newspaper said it never intended to publish the photos.

In July, the publishers of the Independent Florida Alligator, a student-run newspaper that covers the University of Florida, asked the state Supreme Court to determine whether the law is constitutional.

The court has not decided whether it will hear the case.

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Florida court questions restrictions on autopsy photos
Judge says state's open-records statute may trump a family's pain in having pictures made public.  03.06.02