''What were going to do next is look at a motion for a new trial on some evidentiary issues,'' said Tom Julin, an attorney for the Independent Florida Alligator, a student-run newspaper at the University of Florida. ''Once that's resolved - and I'm sure the judge will deny that - then we'll go to the District Court of Appeals.''

Circuit Judge Joseph Will denied the requests of the Alligator and DeLand-based websitecity.com on Wednesday, stating that release of the post-mortem photos would be a serious invasion of the Earnhardt family's privacy.

Under a new law passed in the wake of Earnhardt's death at the Daytona 500 in February, anyone seeking the autopsy photos must first convince a a judge of the necessity of unsealing them.

On Monday, Will upheld the constitutionality of the law, which forbids copying or inspecting autopsy photos and records. Breaking the law would be a third-degree felony, with a maximum sentence of five years in prison and a $5,000 fine.

Earnhardt's widow testified during the three-day hearing that she has tried to stop the public release of the photos to spare her family ''painful emotional distress.''

''The photographs are humiliating, disgusting and negative,'' Teresa Earnhardt said. ''That could be nothing but harmful and painful to anyone involved with my family, my company, our fans, anyone.''

Thom Rumberger, an attorney for the Earnhardt family, said Teresa Earnhardt knows that the matter isn't settled.

''I think she was pleased (by the judge's decision), but she understands this is just the start of a long process,'' Rumberger said. ''There's no joy in Mudville.''

Julin and websitecity.com owner Michael Uribe argued that a public review of the graphic photos could prevent future racing fatalities and determine if the medical examiner did an adequate job of determining what killed Earnhardt.

''We want a safer future where a great good has been served,'' Julin said. ''We want more information because we want to stop these deaths from happening.''

Julin wasn't exactly sure when the appeals process would begin, but said it would probably start at the Fifth District Court of Appeals in a week or two.

However, Uribe may not be taking his case to a higher court.

''I have to appeal, but I have to find the money to do that,'' Uribe said.