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Newspaper takes autopsy photos case to high court

By Associated Press
Published September 30, 2003

GAINESVILLE - The student-run newspaper at the University of Florida asked the U.S. Supreme Court on Monday to overturn Florida court decisions upholding a state law barring public access to autopsy photos.

The Independent Florida Alligator argues that the law passed after race car driver Dale Earnhardt's 2001 death is unconstitutional.

In July, Florida's Supreme Court, without explanation, declined to review a challenge to the judgment of a district court of appeal upholding the law.

Attorney Tom Julin said the newspaper believes the law violates the First Amendment.

The Alligator and other papers asked for the autopsy photos as questions arose over how Earnhardt died and whether better safety equipment might have saved him. Until the law was passed, autopsy photos had been public records.

Proponents say the measure protects families of the deceased from seeing their autopsy photos published or on the Internet.

[Last modified September 30, 2003, 01:49:30]


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