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| Simon & Schuster v. Crime Victims Board | |
|---|---|
 | |
| Argued October 15, 1991 Decided December 9, 1991 | |
| Full case name | Simon & Schuster, INC., petitioner v. Members of New York StateCrime Victims Board et al. |
| Citations | 502U.S.105 (more) 112 S. Ct. 501; 116L. Ed. 2d 476; 1991U.S. LEXIS 7172 |
| Case history | |
| Prior | 724F. Supp.170 (S.D.N.Y. 1989); affirmed, 916F.2d777 (2d Cir. 1990);cert. granted,498 U.S. 1081 (1991). |
| Holding | |
| The New York Son of Sam law violated the First Amendment. | |
| Court membership | |
| |
| Case opinions | |
| Majority | O'Connor, joined by Rehnquist, White, Stevens, Scalia, Souter |
| Concurrence | Blackmun |
| Concurrence | Kennedy |
| Thomas took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. I,Son of Sam law | |
Simon & Schuster v. Crime Victims Board, 502 U.S. 105 (1991), was aSupreme Court case dealing withSon of Sam laws, which are state laws that prevent convicted criminals frompublishing books about their crime forprofit.[1] Simon & Schuster challenged the law's application to profits fromNicholas Pileggi's bookWiseguy: Life in a Mafia Family, which was written with paid assistance from former mobsterHenry Hill. The court struck down the Son of Sam law inNew York on the ground that the law was violative of theFirst Amendment, which protectsfree speech. Nevertheless, similar laws in other states remain unchallenged. The opinion of the court was written bySandra Day O'Connor.
In the wake of this case, New York modified its law to apply to any economic benefits derived from criminal activities, not just proceeds from publications.[2]
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