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No Constitutional Issue in Shared Autopsy Photos

Posted on May 29, 2012July 2, 2025 by Dissent

Tim Hull reports:

Despite a clear constitutional right to control death images of relatives, a district attorney is not liable for sending an autopsy photograph to the press, the 9th Circuit ruled Tuesday.

In the first decision of its kind, the federal appeals court in San Francisco found that “the common law right to non-interference with a family’s remembrance of a decedent is so ingrained in our traditions that it is constitutionally protected.”

Read more on Courthouse News.

Related: Opinion in Marsh v. County of San Diego  (via Venkat Balasubramani).

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