WASHINGTON -- The Supreme Court rejected an appeal Monday
from a student-run newspaper that wanted autopsy photos of race car
driver Dale Earnhardt.
The newspaper had challenged the constitutionality of a Florida
law passed after Earnhardt's death, barring public access to
autopsy pictures.
Before the law, Florida had allowed the public to see the
photographs for 90 years without any problems, attorney Thomas
Julin told justices in a filing on behalf of the Independent
Florida Alligator.
He said the access was used to uncover medical examiners'
negligence or criminal activities.
The Alligator, an independent newspaper staffed by University of
Florida students, sought the photos as questions arose over how Earnhardt died and whether better safety equipment might have saved
him.
A seven-time Winston Cup champion, Earnhardt died on 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.
Lawyers for Earnhardt's widow, Teresa, said that the court's
ruling against the newspaper did not involve federal constitutional
issues and the Supreme Court should stay out of it.
Under the newspaper's interpretation of free speech rights, the
lawyers said, "the First Amendment ceases to be a bulwark of
freedom, and instead turns it into a nuclear warhead used to
eradicate the very freedom it was meant to protect."
Supporters of the law, which has been copied in other states,
say the measure protects families from seeing a relative's autopsy
photos in newspapers or on the Internet. Under the law,
unauthorized viewing or copying of photos can bring a $5,000 fine.
The court is hearing arguments this week in a similar case,
involving access to photos taken after the death of Clinton
administration White House attorney Vincent Foster.