What's It Like?

A new appeal by Florida newspapers and What's it like, by Buford Fuller.

A New Appeal............

It seems as though the subject of viewing the Dale Earnhardt autopsy photos will has turned into a saga with no end in sight. The constitutionality of the Family Protection Act has been challenged again by the Orlando Sentinel and the South Florida Sun-Sentinel. This time they contend that the law is much too broad and restricts the use of autopsies for teaching purposes.

It's apparent that these media moguls will try every trick in the book and then some to get their way. This battle has been going on since Dale's death in February of 2001. This past July, the Independent Florida Alligator, a student run newspaper at the University of Florida, petitioned the Florida state Supreme Court to determine the constitutionality of the act after it was once again upheld by a circuit judge. Up to this point, the court hasn't publicly announced if it will consider hearing the case.

In case some of you don't recall, the Family Protection Act was helped through the Florida legislature by Governor Bush and several of his top political allies to prevent the unauthorized viewing of autopsy photos. There have been several autopsy photos published on the Internet, much to the horror of the families of the deceased. Originally, the Orlando Sentinel sued to obtain Dale Earnhardt's 33 autopsy photos, which prompted the Earnhardt family go fight to keep the photos sealed. The newspaper stated that they had no intention of publishing the photos; they claimed they only intended to have an independent safety expert view them to determine if better safety equipment could have prevented Earnhardt's death.

NASCAR's own investigation into Earnhardt's death that continued for several months, did determine that additional safety equipment was indeed needed for drivers, and head and neck supports were vigorously tested from that point on. Today, it is mandatory for NASCAR drivers to wear the head and neck safety restraints.

The Family Protection Act deems the unauthorized viewing or copying of autopsy photos a felony. Perpetrators are subject to a $5000 fine and possible jail time, depending on the intent and/or severity of their offence.

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