Posted on 09/29/2003 10:51:38 PM PDT by Timesink
Student newspaper takes Earnhardt autopsy photos case to Supreme Court
GAINESVILLE, Fla. (AP) -- In a case stemming from the death of race car driver Dale Earnhardt, a student newspaper asked the Supreme Court on Monday to overturn a Florida court decision that restricts access to autopsy photos.
The publisher of the Independent Florida Alligator contends that a law passed after Earnhardt's death during a 2001 race is unconstitutional. The statute bars public access to autopsy photos.
In July, Florida's Supreme Court declined to review decisions by lower courts upholding the law, including a trial court's initial ruling.
The Alligator is staffed by University of Florida students but is independent of the school. The Alligator and other papers asked for the photos as questions arose over how Earnhardt died and whether better safety equipment might have saved him.
Attorney Tom Julin said the students believe the Florida law violates the First Amendment. "The Alligator was trying to get the records to find out if NASCAR was telling the truth,'' he said.
Proponents say the measure protects families from seeing their relative's autopsy photos published or posted on the Internet. Under the law, those who view or copy autopsy photos without authorization can be fined $5,000.
Jon Mills, an attorney for Earnhardt's widow, said he believes the Supreme Court will back Florida court rulings on the law.
AP-ES-09-30-03 0043EDT
It's none of their business. They don't have a dog in that fight.
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