By: Randy Dotinga But Privacy Debate Continues To Rage
While the Orlando Sentinel has worked out a compromise to allow an expert
to review the autopsy photos of racing legend Dale Earnhardt, the debate over
the deceased man's privacy is far from over.
On Friday, the student newspaper of the University of Florida filed suit
demanding full access to the photos, including the ability to copy them. The
Independent Florida Alligator, based in Gainesville, is acting to defend
the state's press freedoms, said editor Jason Brown. The newspaper's board of
directors, made up of professionals and students, approved the suit.
The paper fears that the compromise in the Orlando Sentinel case will
imperil the public's rights, Brown said. "(This) is larger than the Dale
Earnhardt photos themselves," he said. "For us, this is more about the bad
precedent that's being set and the danger it could cause for newspapers all over
the country."
On Friday, after two days of marathon mediation sessions, the Orlando
Sentinel and Earnhardt's widow, Teresa, reached an agreement allowing a
medical expert to review the autopsy photos. The photos are in dispute because
experts disagree about what killed Earnhardt during a crash at the Daytona 500
race on Feb. 18. A judge had earlier blocked the Sentinel's access to the
photos, which would normally be public records under Florida's liberal
"sunshine" laws.
Under the deal, a mediator will choose a medical expert by the end of this week.
The expert will review the autopsy photos and make a determination about what
killed Earnhardt.
"Like in any compromise, you give some," said Sentinel attorney David
Bralow. "Our purpose has always been to do the journalism we wanted to do, which
was to get an expert to look at these autopsy photographs."
While the Sentinel's legal fight is over, it's unclear when the student
newspaper's request will go before a judge. Brown, the University of Florida
editor, said there's a "very, very low chance" that the photos will be printed.
"Our intention is not to receive the photos and sensationalize them and plaster
them all over the front page of the newspaper. We have no intention of doing
anything like that. We understand what the Earnhardt family has been through."
Tom Julin, attorney for the student newspaper, said he expects the Florida
Supreme Court will uphold access to the photos even if the state legislature
keeps all autopsy photos out of sight of the public. The legislature, currently
debating the issue, is expected to do just that. "You can't change the law"
after a public-records request has already been made, Julin said.
Randy Dotinga (rdotinga@aol.com) is a free-lancer based in San Diego.
Copyright 2001, Editor & Publisher.
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