rec.autos.simulators

Teresa Earnhardt v Orlando Sentinel

Joe L

Teresa Earnhardt v Orlando Sentinel

by Joe L » Tue, 06 Mar 2001 12:45:00

        I am sure most of you have heard of the Dale Earnhardt autopsy photo
battle down if Florida. A summary as I understand it, Florida Law dictates
that any autopsy done in the state be made part of the public record
(Meaning available to anyone who wants them) That includes Dale Earnhardt's
autopsy. At the request of Teresa Earnhardt, Dale Earnhardt's widow, a judge
in Volusia County Florida agreed to halt the release of the autopsy photos
on Feb. 23.  The Orlando Sentinel is challenging the judge, contending that
the photos are critical in determining the cause of Earnhardt's death. The
reason the Orlando Sentinel say they want them is to have one of their
medical experts look at them so he can make his guess at what exactly killed
Earnhardt. This, they say, so they can make racing safer. They have given
Teresa Earnhardt "guarantees" that the photos will never be published. This
"guarantee" came after Teresa Earnhardt held a press conference where she
made the below statement.
----------------------------------------------------------------------------
-----------------------------
      "I ask anyone, who feels as strongly as we do, to let your voices be
heard. Over the next few days, please contact the Speaker of the Florida
House of Representatives and the President of the Florida Senate, both of
whom are in Tallahassee, and will hopefully be taking up this issue shortly.
Ask them to protect the privacy of citizens by preventing the publication of
autopsy photos. Then do the same in your own state. Please also contact
Florida Gov. Jeb Bush and then contact your own governor. Finally, we
encourage you to let the Orlando Sentinel know how you feel about this
unfortunate situation."
----------------------------------------------------------------------------
-----------------------------
    If you want to let the Orlando Sentinel know what you think below is a
link to a page the Orlando Sentinel has set up for the purpose. As the
Orlando Sentinel states on the  heading to this page:
"Share your thoughts on the Sentinel's efforts to make Dale Earnhardt's
autopsy photos available for a medical expert to review."

http://www.racesimcentral.net/

     Those of you who post there I ask that you not use language that you
would not use were you standing in front of Teresa Earnhardt. However small,
the comments will still be part of Dale Earnhardt's story. This part of his
story, his death, should be kept as dignified as possible.  However strong
and honest your feelings may be in the matter, the language you use to
express them should not be language that would shame his widow. One of the
things she is fighting for is Dignity. Foul language will make her fight
just that much harder.

Below is a link to the Orlando Sentinel Online. As of 10:00 pm EST Sunday
Mar 4 the link will take you to an article concerning the fight over the
photos. Newspapers changing every day I don't know how long the link is good
for but here it is.

http://www.racesimcentral.net/
resa.story?coll=orl%2Dhome%2Dheadlines

   If you are looking at this post much later than Mar 4 and the link no
longer works there will almost certainly be some new story on the battle.
Whatever the developments,  links to the story will almost certainly be on
the front page of the Orlando Sentinel, here:

http://www.racesimcentral.net/

     So far I have not found email addresses to Jeb Bush (Florida Gov) or
others Teresa Earnhardt mentions. When I do I will post them. If you know
what they are please do the same.

Joe L

Teresa Earnhardt v Orlando Sentinel

by Joe L » Tue, 06 Mar 2001 13:27:37

Found:

    As previously requested; if you choose to contact any or all of these
please refrain from using any language you would not use in front of Teresa
Ernhardt. Email you write will be part of the public record and so just
might become public knowledge. However strongly you may feel about what is
going on in Florida using language that would shame Dale Ernhardt's widow
will not help the situation.
----------------------------------------------------------------------------
-----------------------------
Jeb Bush, Govonor of Florida:
Email address

Write or e-mail:
Governor Jeb Bush
The Capitol
Tallahassee, FL 32399-0001
Telephone:
850/488-4441
Fax: 850/487-0801

----------------------------------------------------------------------------
-----------------------------
John McKay, President of the Florida State Senate
Email address:

Capitol Offices:

Office of the
Senate President
Suite 409, The Capitol
404 South Monroe Street
Tallahassee 32399-1100
(850) 487-5229
SunCom 277-5229

Room 320
Senate Office Building 404 South Monroe Street
Tallahassee, FL
32399-1100
(850) 487-5078
SunCom 277-5078

Legislative Assistant: Jacquie Connell

District Office:
Wildewood Professional Park
Suite 90
3653 Cortez Road West
Bradenton, FL 34210
(941) 727-6349
SunCom 516-4153
Fax (941) 727-6352
Fax SunCom 516-4008

----------------------------------------------------------------------------
----------------------------
Tom Feeney, Speaker of the Florida House of Representatives

Email address:

Capitol Office:
Room 420 The Capitol, 402 S. Monroe St.,
Tallahassee, FL 32399-1300
Phone (850)488-1450

District Office:
P.O. Box 622109
Oviedo, FL
32762-2109
(407)977-6500
SUNCOM: 392-6500

The Black Cat =^..^

Teresa Earnhardt v Orlando Sentinel

by The Black Cat =^..^ » Tue, 06 Mar 2001 14:36:25



While I certainly don't want the autopsy pictures made public, I don't
want to see them kept private by government fiat.  The first amendment
makes those pictures legal to publish, and we must respect that, I
only hope that the paper does the DECENT thing and respects both the
memory of Dale and Teresa's wishes in this matter and chooses not to
publish them on their own.

=^..^=

GTX_SlotCa

Teresa Earnhardt v Orlando Sentinel

by GTX_SlotCa » Tue, 06 Mar 2001 15:46:47

I don't see anyplace in here where it says the paper can publish Earnhardt's
autopsy photos. If the Orlando paper has a picture, they may be free to
publish it, but nothing here says the state has to give them the picture.

"Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances."

It's amazing how, over the years, this simple and easy to understand
sentence has been twisted to mean so many things (not by Black Cat, just in
general).

Let's face it, the paper is only looking for an angle to sell a few more
copies. The Orlando Sentinel is not an expert on racing safety and I
seriously doubt that their medical experts are any better than the ones
provided by the State of Florida or Nascar.

I don't feel anybody's First Amendment rights would be violated by not
turning the pictures over to the newspaper, but the privacy rights of the
Earnhardt family might be.

--
Slot

Tweaks & Reviews
www.slottweak.com





> While I certainly don't want the autopsy pictures made public, I don't
> want to see them kept private by government fiat.  The first amendment
> makes those pictures legal to publish, and we must respect that, I
> only hope that the paper does the DECENT thing and respects both the
> memory of Dale and Teresa's wishes in this matter and chooses not to
> publish them on their own.

> =^..^=

Barton Brow

Teresa Earnhardt v Orlando Sentinel

by Barton Brow » Tue, 06 Mar 2001 16:00:26


> I don't see anyplace in here where it says the paper can publish Earnhardt's
> autopsy photos. If the Orlando paper has a picture, they may be free to
> publish it, but nothing here says the state has to give them the picture.

> "Congress shall make no law respecting an establishment of religion, or
> prohibiting the free exercise thereof; or abridging the freedom of speech,
> or of the press

On those few words -- "Congress shall make no law ... abridging the
freedom of speech, or of the press", any lawyer can make a case that
anyone can publish anything. Why else would we have the Star or the
National Enquirer?

The whole thing is a cheesy sham, cooked up to sell more copies of the
Orlando Senile -- I can just about guaran-damn-tee their website's
message board has had more traffic in the last 24 hours than it has in
its entire miserable existence -- even when they had the bogus election
down thar. Their banner advertisers must be lovin' it -- though I
wouldn't be surprised to see a boycott of the rag and its advertisers if
they keep pushing this thing. This, too, shall blow over...

Dave Henri

Teresa Earnhardt v Orlando Sentinel

by Dave Henri » Tue, 06 Mar 2001 23:29:05

  I believe it is a state 'sunshine'  law that applies to this case.  What
would NOT be
releasable in some states IS in Florida.   and they are not so much worried
that the
Paper would publish them, but that the photos would get spread around via
the
internet.
dave henrie

> I don't see anyplace in here where it says the paper can publish
Earnhardt's
> autopsy photos. If the Orlando paper has a picture, they may be free to
> publish it, but nothing here says the state has to give them the picture.

> "Congress shall make no law respecting an establishment of religion, or
> prohibiting the free exercise thereof; or abridging the freedom of speech,
> or of the press; or the right of the people peaceably to assemble, and to
> petition the Government for a redress of grievances."

> It's amazing how, over the years, this simple and easy to understand
> sentence has been twisted to mean so many things (not by Black Cat, just
in
> general).

> Let's face it, the paper is only looking for an angle to sell a few more
> copies. The Orlando Sentinel is not an expert on racing safety and I
> seriously doubt that their medical experts are any better than the ones
> provided by the State of Florida or Nascar.

> I don't feel anybody's First Amendment rights would be violated by not
> turning the pictures over to the newspaper, but the privacy rights of the
> Earnhardt family might be.

> --
> Slot

> Tweaks & Reviews
> www.slottweak.com





> > While I certainly don't want the autopsy pictures made public, I don't
> > want to see them kept private by government fiat.  The first amendment
> > makes those pictures legal to publish, and we must respect that, I
> > only hope that the paper does the DECENT thing and respects both the
> > memory of Dale and Teresa's wishes in this matter and chooses not to
> > publish them on their own.

> > =^..^=

Andrew

Teresa Earnhardt v Orlando Sentinel

by Andrew » Tue, 06 Mar 2001 23:59:05

If the Orlando Sentinel has access to autopsy reports from any other death
in florida than they damn well better have access to Dale Earnhardt's
autopsy.  Dale Earnhardt was nothing more than another citizen of this
country.  You want to do something about this law?  Work to change it, but
not because some damn racer died.  Change it because it could be offensive
to ALL who die in Florida.


http://orlandosentinel.com/sports/motorracing/sns-earnhardt-autopsyph...

- Show quoted text -

Todd Walke

Teresa Earnhardt v Orlando Sentinel

by Todd Walke » Wed, 07 Mar 2001 00:38:44

Excellent point Andrew. I totall agree. Maybe it sounds heartless, but the
law is the law and just because someone is a "celebrity" doesn't mean that
the law should apply to everyone but them.

Todd Walker


> If the Orlando Sentinel has access to autopsy reports from any other death
> in florida than they damn well better have access to Dale Earnhardt's
> autopsy.  Dale Earnhardt was nothing more than another citizen of this
> country.  You want to do something about this law?  Work to change it, but
> not because some damn racer died.  Change it because it could be offensive
> to ALL who die in Florida.



> >         I am sure most of you have heard of the Dale Earnhardt autopsy
> photo
> > battle down if Florida. A summary as I understand it, Florida Law
dictates
> > that any autopsy done in the state be made part of the public record
> > (Meaning available to anyone who wants them) That includes Dale
> Earnhardt's
> > autopsy. At the request of Teresa Earnhardt, Dale Earnhardt's widow, a
> judge
> > in Volusia County Florida agreed to halt the release of the autopsy
photos
> > on Feb. 23.  The Orlando Sentinel is challenging the judge, contending
> that
> > the photos are critical in determining the cause of Earnhardt's death.
The
> > reason the Orlando Sentinel say they want them is to have one of their
> > medical experts look at them so he can make his guess at what exactly
> killed
> > Earnhardt. This, they say, so they can make racing safer. They have
given
> > Teresa Earnhardt "guarantees" that the photos will never be published.
> This
> > "guarantee" came after Teresa Earnhardt held a press conference where
she
> > made the below statement.

> --------------------------------------------------------------------------
> --
> > -----------------------------
> >       "I ask anyone, who feels as strongly as we do, to let your voices
be
> > heard. Over the next few days, please contact the Speaker of the Florida
> > House of Representatives and the President of the Florida Senate, both
of
> > whom are in Tallahassee, and will hopefully be taking up this issue
> shortly.
> > Ask them to protect the privacy of citizens by preventing the
publication
> of
> > autopsy photos. Then do the same in your own state. Please also contact
> > Florida Gov. Jeb Bush and then contact your own governor. Finally, we
> > encourage you to let the Orlando Sentinel know how you feel about this
> > unfortunate situation."

> --------------------------------------------------------------------------
> --
> > -----------------------------
> >     If you want to let the Orlando Sentinel know what you think below is
a
> > link to a page the Orlando Sentinel has set up for the purpose. As the
> > Orlando Sentinel states on the  heading to this page:
> > "Share your thoughts on the Sentinel's efforts to make Dale Earnhardt's
> > autopsy photos available for a medical expert to review."

> > http://orlandosentinel.com/orl-dalephoto-messageboard.graffitiboard

> >      Those of you who post there I ask that you not use language that
you
> > would not use were you standing in front of Teresa Earnhardt. However
> small,
> > the comments will still be part of Dale Earnhardt's story. This part of
> his
> > story, his death, should be kept as dignified as possible.  However
strong
> > and honest your feelings may be in the matter, the language you use to
> > express them should not be language that would shame his widow. One of
the
> > things she is fighting for is Dignity. Foul language will make her fight
> > just that much harder.

> > Below is a link to the Orlando Sentinel Online. As of 10:00 pm EST
Sunday
> > Mar 4 the link will take you to an article concerning the fight over the
> > photos. Newspapers changing every day I don't know how long the link is
> good
> > for but here it is.

http://orlandosentinel.com/sports/motorracing/sns-earnhardt-autopsyph...

- Show quoted text -

Mike

Teresa Earnhardt v Orlando Sentinel

by Mike » Wed, 07 Mar 2001 01:21:18

But the trouble is celebrities get media attention whereas regular people do
not.  Therefore, there's always the question of exploitation.


> Excellent point Andrew. I totall agree. Maybe it sounds heartless, but the
> law is the law and just because someone is a "celebrity" doesn't mean that
> the law should apply to everyone but them.

> Todd Walker



> > If the Orlando Sentinel has access to autopsy reports from any other
death
> > in florida than they damn well better have access to Dale Earnhardt's
> > autopsy.  Dale Earnhardt was nothing more than another citizen of this
> > country.  You want to do something about this law?  Work to change it,
but
> > not because some damn racer died.  Change it because it could be
offensive
> > to ALL who die in Florida.



> > >         I am sure most of you have heard of the Dale Earnhardt autopsy
> > photo
> > > battle down if Florida. A summary as I understand it, Florida Law
> dictates
> > > that any autopsy done in the state be made part of the public record
> > > (Meaning available to anyone who wants them) That includes Dale
> > Earnhardt's
> > > autopsy. At the request of Teresa Earnhardt, Dale Earnhardt's widow, a
> > judge
> > > in Volusia County Florida agreed to halt the release of the autopsy
> photos
> > > on Feb. 23.  The Orlando Sentinel is challenging the judge, contending
> > that
> > > the photos are critical in determining the cause of Earnhardt's death.
> The
> > > reason the Orlando Sentinel say they want them is to have one of their
> > > medical experts look at them so he can make his guess at what exactly
> > killed
> > > Earnhardt. This, they say, so they can make racing safer. They have
> given
> > > Teresa Earnhardt "guarantees" that the photos will never be published.
> > This
> > > "guarantee" came after Teresa Earnhardt held a press conference where
> she
> > > made the below statement.

> --------------------------------------------------------------------------
> > --
> > > -----------------------------
> > >       "I ask anyone, who feels as strongly as we do, to let your
voices
> be
> > > heard. Over the next few days, please contact the Speaker of the
Florida
> > > House of Representatives and the President of the Florida Senate, both
> of
> > > whom are in Tallahassee, and will hopefully be taking up this issue
> > shortly.
> > > Ask them to protect the privacy of citizens by preventing the
> publication
> > of
> > > autopsy photos. Then do the same in your own state. Please also
contact
> > > Florida Gov. Jeb Bush and then contact your own governor. Finally, we
> > > encourage you to let the Orlando Sentinel know how you feel about this
> > > unfortunate situation."

> --------------------------------------------------------------------------
> > --
> > > -----------------------------
> > >     If you want to let the Orlando Sentinel know what you think below
is
> a
> > > link to a page the Orlando Sentinel has set up for the purpose. As the
> > > Orlando Sentinel states on the  heading to this page:
> > > "Share your thoughts on the Sentinel's efforts to make Dale
Earnhardt's
> > > autopsy photos available for a medical expert to review."

> > > http://orlandosentinel.com/orl-dalephoto-messageboard.graffitiboard

> > >      Those of you who post there I ask that you not use language that
> you
> > > would not use were you standing in front of Teresa Earnhardt. However
> > small,
> > > the comments will still be part of Dale Earnhardt's story. This part
of
> > his
> > > story, his death, should be kept as dignified as possible.  However
> strong
> > > and honest your feelings may be in the matter, the language you use to
> > > express them should not be language that would shame his widow. One of
> the
> > > things she is fighting for is Dignity. Foul language will make her
fight
> > > just that much harder.

> > > Below is a link to the Orlando Sentinel Online. As of 10:00 pm EST
> Sunday
> > > Mar 4 the link will take you to an article concerning the fight over
the
> > > photos. Newspapers changing every day I don't know how long the link
is
> > good
> > > for but here it is.

http://orlandosentinel.com/sports/motorracing/sns-earnhardt-autopsyph...

- Show quoted text -

Kevin Gavit

Teresa Earnhardt v Orlando Sentinel

by Kevin Gavit » Wed, 07 Mar 2001 02:54:50


You will find it not in the federal constitution, but in Florida state law.
If you read the original post you would know that under Florida law autopsy
reports and all supporting documents are public. There are actually some
compeling legal reasons why this should be so.

NOW the first ammendment gives the right to publish.

While I don't want to see such pictures published personally, I'm leary of
the idea that we should set up special " elite" classes of people for whom
public law does not apply, for any reason.

Publishing the pictures, as well as the subsequent purchase of the pictures,
would be in extremely bad taste. Bad taste is NOT a crime. Violating
existing public law to restrict *public* information from being accesed
WOULD be a crime.

My heart bears no heavy weight for Dale E. He is beyond any care of mine or
yours. My heart is heavy for the thoughts of the pain his family is going
through right now. Teresa is the greatest victim in this affair. She has
lost her best friend, lifelong companion, business partner, lover and
husband all in one shot, and believe me, I know EXACTLY what that feels
like.

HOWEVER, autopsy reports being public record DO fill the function that the
paper has stated they wish to access the records for, independant public
confirmation of facts of record. This prevents orginizations such as NASCAR
or the government from 'misstating' the cause of death for internal reasons,
such as PR or attempting to avoid litigation.

KFG

Andrew

Teresa Earnhardt v Orlando Sentinel

by Andrew » Wed, 07 Mar 2001 03:23:38


Celebrities exploit their image to make money.  Dale Earnhardt Racing
Clocks, Dale Earnhardt on the front of Coke Machines, etc...  When is
exploitation good and when is it bad?  Is ESPN Classic's tribute to Dale
Earnhardt exploitation?  Is SI's special Dale Earnhardt issue exploitation?
Is the Atlanta Journal and Constitutions special Dale Earhnardt section
exploitation?  All are done to make money for someone.  Why wasn't a fuss
raised about those things?  Televising the Dale Earnhardt funeral, sure
seems like exploitation to me.

Joe L

Teresa Earnhardt v Orlando Sentinel

by Joe L » Wed, 07 Mar 2001 06:14:58

     Threats to the privacy of an individual or family are usually in direct
proportion to the notoriety of that individual or family or how much they
depart from the ordinary. No one is really all that interested in the
average schmuck but celebrities are chased constantly by snoops, voyeurs and
paparazzi trying to get something "unusual" or "dirty" or "embarrassing" on
or about whatever target they are chasing at the time.
As a general rule the more famous the celebrity target and the more this
celebrity wants this "something" to stay private the more valuable that
"something" becomes to whoever can get it.
    But being famous is not the only qualification for being a target of a
voyeur. People who are completely ordinary and unknown but died in an
unusual way that would make a picture of the corpse more "interesting" and
"attractive" than the run of the mill dead body are also targets. Things
like, say, a guy that was run over by a train and sliced in three or perhaps
a child who was killed and partially eaten by a family pet gone wild. Who
any of these people were is irrelevant, it is only the fact of the unusual
way they died and the vividness of the photograph that adds entertainment
value.
    In the Dale Earnhardt autopsy photos we have both a famous person, and
an unusual way of death. As an added bonus, the body of the husband, father
and hero to thousands will be nearly *** and feature the surgical cuts and
organ exposure made by the medical examiner during the autopsy. Nearly every
desire of the sick and ***ed will be contained in those photos. The
threat to the privacy of the Earnhardt family is vast because the
combination of all of these factors concentrated in a single set of photos
make the potential customer base HUGE!!!!
    Exercise your imagination for a moment. Let us mentally construct two
web sites. One site contains just the Earnhardt autopsy photos, the other
site contains all the other autopsy photos on  record. Set a hit counter on
each site. If you like you may put a $5 charge on the Earnhardt site and
leave the other free. Now, go away and come back in a week. Compare the hit
counters. Is there anyone here who requires an explanation of the likely
outcome?  That difference in the hit counters is a measure of the difference
between the threat to the Earnhardt family's privacy and the threat to
everyone else's. Given the huge difference in threat levels any idea that
the Earnhardts should be treated "like everyone else" is ridiculous.
"Everyone else" is not being attacked, the Earnhardts ARE.

       But let us pretend for the moment that true justice demands that the
Earnhardts get no more protection than others. What happens then?
    As I  understand it, Florida law makes available any autopsy done on
anyone **unless** there is good reason not to. It is this "good reason"
exception in the law that allowed the judge to put a seal on the release in
the first place. The seal now being contested by the Orlando Sentinel.  In
"real world" practice there are many autopsies that have been sealed for
privacy reasons because privacy is one of the "good reasons" available to a
judge to seal any autopsy record. What makes the sealing of the Dale
Earnhardt autopsy unusual IS NOT that it was sealed by a judge, this happens
all the time. What IS unusual is that the sealing is being contested.
     The reason stated by the Orlando Sentinel for the contest it that it
wants to determine the cause of death. But that cause has already been
determined by competent medical authorities. If the Orlando Sentinel has
evidence that the examiners are incompetent or that the determination is
false or in error then let them present the evidence. If the Orlando
Sentinel has no such evidence then let them be silent. If the Orlando
Sentinel has no evidence and refuses to be silent then let the Orlando
Sentinel go to hell.
    If the Earnhardt family is to truly be treated "just like everyone else"
the Orlando Sentinel request will be refused and the seal left intact.


> But the trouble is celebrities get media attention whereas regular people
do
> not.  Therefore, there's always the question of exploitation.



> > Excellent point Andrew. I totall agree. Maybe it sounds heartless, but
the
> > law is the law and just because someone is a "celebrity" doesn't mean
that
> > the law should apply to everyone but them.

David G Fishe

Teresa Earnhardt v Orlando Sentinel

by David G Fishe » Wed, 07 Mar 2001 06:38:21

The law states that autopsies are to be made part of the public record.
Celebrities should not receive special treatment. There's nothing easier for
a celebrity to do than to be forgotten if they decide at some point that the
attention is too much.

The paper has no desire to publish the photos. I think it may be a good idea
to have medical experts look at the autopsy. It may shed a lot of light on
NASCAR's ridiculous rules which allow full-faced helmets to be optional.
That's why Earnhardt died.

Don't be so sure that NASCAR even bothered to look at the autopsy of
Earnhardt.They never looked at Irwin or Petty's.

David G Fisher


http://orlandosentinel.com/sports/motorracing/sns-earnhardt-autopsyph...

- Show quoted text -

Joe L

Teresa Earnhardt v Orlando Sentinel

by Joe L » Wed, 07 Mar 2001 07:07:13

    In your list below you would be hard pressed to name one of these
"exploitations" that was not engaged in voluntarily and happily by all
parties concerned. Those who got money got it because they offered a product
or service or entertainment others wanted. Those who paid the money paid it
because they wanted Dale Earnhardt Racing Clocks, and the rest. Value given
and received both ways. No one forcing or being forced. This is called
commerce or trade, NOT "exploitation".
    The Earnhardt autopsy situation is different. There the Earnhardt family
is trying to protect and keep private something the Orlando Sentinel is
attempting to take by force. The Earnhardt family is in a situation they
knew might  happen due to the inherent risks of the profession Dale engaged
in. But the Orlando Sentinel is taking advantage of that situation to take
from them by force something the Earnhardt family had every reason to expect
would remain private.
    This is beyond exploitation, this is***.




> > But the trouble is celebrities get media attention whereas regular
people
> do
> > not.  Therefore, there's always the question of exploitation.

> Celebrities exploit their image to make money.  Dale Earnhardt Racing
> Clocks, Dale Earnhardt on the front of Coke Machines, etc...  When is
> exploitation good and when is it bad?  Is ESPN Classic's tribute to Dale
> Earnhardt exploitation?  Is SI's special Dale Earnhardt issue
exploitation?
> Is the Atlanta Journal and Constitutions special Dale Earhnardt section
> exploitation?  All are done to make money for someone.  Why wasn't a fuss
> raised about those things?  Televising the Dale Earnhardt funeral, sure
> seems like exploitation to me.

Mike Donnelly J

Teresa Earnhardt v Orlando Sentinel

by Mike Donnelly J » Wed, 07 Mar 2001 10:35:29

Slot, you're missing one thing.  This *isn't* a federal regulation.  It's a
Florida State law.  The US Congress has no right to tell Florida how to handle
this.  Don't ask me why the Florida legislature chose that approach, but they
did, and perhaps it was a good idea at the time.  The JFK assassination comes to
mind of one situation that it would have been a good idea have all the
documentation made public.  This may or may not have had anything to do with why
that law exists.

> I don't see anyplace in here where it says the paper can publish Earnhardt's
> autopsy photos. If the Orlando paper has a picture, they may be free to
> publish it, but nothing here says the state has to give them the picture.

> "Congress shall make no law respecting an establishment of religion, or
> prohibiting the free exercise thereof; or abridging the freedom of speech,
> or of the press; or the right of the people peaceably to assemble, and to
> petition the Government for a redress of grievances."

> It's amazing how, over the years, this simple and easy to understand
> sentence has been twisted to mean so many things (not by Black Cat, just in
> general).

> Let's face it, the paper is only looking for an angle to sell a few more
> copies. The Orlando Sentinel is not an expert on racing safety and I
> seriously doubt that their medical experts are any better than the ones
> provided by the State of Florida or Nascar.

> I don't feel anybody's First Amendment rights would be violated by not
> turning the pictures over to the newspaper, but the privacy rights of the
> Earnhardt family might be.

> --
> Slot

> Tweaks & Reviews
> www.slottweak.com





> > While I certainly don't want the autopsy pictures made public, I don't
> > want to see them kept private by government fiat.  The first amendment
> > makes those pictures legal to publish, and we must respect that, I
> > only hope that the paper does the DECENT thing and respects both the
> > memory of Dale and Teresa's wishes in this matter and chooses not to
> > publish them on their own.

> > =^..^=


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