TY - JOUR
T1 - Public access to autopsy and death-scene photographs
T2 - Relational privacy, public records and avoidable collisions
AU - Terilli, Samuel A.
AU - Splichal, Sigman L.
N1 - Funding Information:
84See David Cox, Autopsy Photo Deal Posed, A Compromise By Sen. Locke Burt Would Let Public See Such Photos But Not Copy Them Without A Judge’s OK, ORLANDO SENTINEL, Mar. 13, 2001, at C1. The proposed compromised was supported by the Attorney General of Florida as well as by media advocates; unfortunately, this proposal arose too late to stem the tide of popular outrage. See Editorial, Let Reason Prevail, ORLANDO SENTINEL, Mar. 6, 2001, at A18. 852001 Fla. Laws ch. 2001–1. 86Cox, supra note 84, at C1.
Funding Information:
were “gruesome, grisly, and highly disturbing,” and this testimony was supported by the testimony of the physician who treated Dale Earnhardt after the accident.98
Copyright:
Copyright 2013 Elsevier B.V., All rights reserved.
PY - 2005/6
Y1 - 2005/6
N2 - During the 2001 Daytona 500 NASCAR race, Dale Earnhardt crashed and died. The Orlando Sentinel sought autopsy photographs-public records under Florida law. Legal battles followed. The Florida Legislature passed restrictive legislation to protect the family from the anguish of having the photographs published. This article examines precedent for relational or derivative privacy claims, including the opinion of the Supreme Court of the United States in National Archives and Records Administration v. Favish, and focuses on the Earnhardt case and other recent Florida examples of the popular outrage helping to fuel relational privacy claims. The article concludes the Earnhardt state legislation and Favish federal FOIA decision are overbroad, though understandable responses; and, it recommends that access advocates consider supporting legislation allowing inspection, but not copying, of records likely to provoke outrage if released and distributed on the Internet or otherwise.
AB - During the 2001 Daytona 500 NASCAR race, Dale Earnhardt crashed and died. The Orlando Sentinel sought autopsy photographs-public records under Florida law. Legal battles followed. The Florida Legislature passed restrictive legislation to protect the family from the anguish of having the photographs published. This article examines precedent for relational or derivative privacy claims, including the opinion of the Supreme Court of the United States in National Archives and Records Administration v. Favish, and focuses on the Earnhardt case and other recent Florida examples of the popular outrage helping to fuel relational privacy claims. The article concludes the Earnhardt state legislation and Favish federal FOIA decision are overbroad, though understandable responses; and, it recommends that access advocates consider supporting legislation allowing inspection, but not copying, of records likely to provoke outrage if released and distributed on the Internet or otherwise.
UR - http://www.scopus.com/inward/record.url?scp=23844523874&partnerID=8YFLogxK
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U2 - 10.1207/s15326926clp1003_3
DO - 10.1207/s15326926clp1003_3
M3 - Review article
AN - SCOPUS:23844523874
VL - 10
SP - 313
EP - 348
JO - Communication Law and Policy
JF - Communication Law and Policy
SN - 1081-1680
IS - 3
ER -