Attorneys for the Independent Florida Alligator, a student newspaper at the University of Florida, and Websitecity.com, a DeLand-based Web site, want Circuit Judge Joseph Will to toss out the law, which was adopted shortly after Earnhardt died during the Daytona 500 in February.

The law makes it a felony to release autopsy photos without a judge's permission. Previously, such photos had been public record.

''In enacting this law, the Legislature quite properly could not say release of these records would cause the type of harm we're talking about,'' said Tom Julin, an attorney for the student newspaper.

The judge also was to hear testimony aimed at reversing his order sealing the Earnhardt's photos issued four days after the driver's Feb. 18 last-lap accident. Earnhardt's widow, Teresa, had sought the order, saying her family's privacy would be violated if the photos were released.

Teresa Earnhardt was expected to testify Monday or Tuesday.

In his arguments, Julin said the autopsy photos have been helpful to the public, such as allowing independent investigations of insurance claims, malpractice and murders.

The new law not only forbids copying of autopsy photos and records, but also prevents inspecting the records. In many of these cases, families of the deceased don't know that a review of the records has taken place.

''There's no way that kind of action can cause that particular harm the Legislature was concerned with,'' Julin said.

The newspaper also contended the new law couldn't be applied retroactively.

Lawyers for the Web site, the Florida Attorney General's Office, the state medical examiner's office and Earnhardt's family were expected to offer arguments during the hearing.

Earnhardt's lawyers argued in their filings that the only reason access to the photos was being sought was to get public attention and sell newspapers.

Lawyers for the Florida Attorney General's Office said the law could be applied retroactively and that access to public records wasn't a fundamental right in the state's constitution.

One media outlet did get partial access to the photos.

Teresa Earnhardt and the Orlando Sentinel reached a settlement allowing an independent medical expert to view the photos and issue a report before the photos were permanently sealed.

The medical expert later determined Earnhardt's fatal injury wasn't from striking his head on a steering wheel because of a malfunctioning seat belt - as a NASCAR doctor said - but that his neck snapped when his black No. 3 Chevrolet hit the wall head-on at 180 mph.

The Alligator and Websitecity.com asked to intervene in the case, saying they couldn't be forced to be a part of the settlement.