The letter urges Florida state officials not to use the Sentinel’s request to have an expert view the photos, which has been very unpopular with NASCAR fans, as an opportunity to decimate laws on open government and open public records.

ASNE is the principal organization of American newspaper editors. It is active in a number of areas, including open government, freedom of the press, journalism credibility, ethics, newsroom management, diversity and readership.

This is the text of the letter:

Dear ASNE Member:

You have likely read about the Orlando Sentinel’s struggle for the photos from the coroner’s autopsy of NASCAR driver Dale Earnhardt.

Though the photos are clearly public under Florida law, a judge sealed the photos at the request of Mr. Earnhardt’s widow. Now, the Florida Legislature is considering the dangerous precedent of closing autopsy records and doing so retroactively.

ASNE believes the Sentinel, which has done extensive reporting on NASCAR safety issues, has a clear right to the material. Further, we believe the newspaper has framed its request in a proper, sensitive and caring way – promising not to publish the photos and only to have an expert review them in an effort to make an independent judgment on cause of death.

ASNE certainly does not want to cause the Earnhardt family further grief. We do not believe these photos should be published, but we support a compromise that preserves the spirit of public records law as well as the family’s privacy. That is what the expert review is all about.

It would be exceedingly unfortunate if this reasonable request were to be used by politicians to decimate the important principle of open government and open public records.

We share this position with you because you may want to write or editorialize on this important subject and we wanted you to know and understand our position. If you have further questions about ASNE’s views on this matter, please don’t hesitate to call either of us.

Sincerely,

Richard A. Oppel, president
editor
Austin (Texas) American Statesman

Anders Gyllenhaal, chair, FOI committee
executive editor
The News & Observer, Raleigh, N.C.

With nearly 900 members, ASNE is the principal organization of American newspaper editors. It is active in a number of areas, including open government, freedom of the press, journalism credibility and ethics, newsroom management, diversity and readership.