Simon & Schuster, Inc. v. Crime Victims Board

Simon & Schuster v. Crime Victims Board
Simon & Schuster v. Crime Victims Board
	Supreme Court of the United States
Argued October 15, 1991; Decided December 9, 1991
Full case name	Simon & Schuster, INC., petitioner v. Members of New York State Crime Victims Board et al.
Citations	502 U.S. 105 (more) 112 S. Ct. 501; 116 L. Ed. 2d 476; 1991 U.S. LEXIS 7172
Case history
Prior	724 F. Supp. 170 (S.D.N.Y. 1989); affirmed, 916 F.2d 777 (2d Cir. 1990); cert. granted, 498 U.S. 1081 (1991).
Holding
	The New York Son of Sam law violated the First Amendment.
Court membership
	Chief Justice William Rehnquist Associate Justices Byron White · Harry Blackmun; John P. Stevens · Sandra Day O'Connor; Antonin Scalia · Anthony Kennedy; David Souter · Clarence Thomas
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 a Supreme Court case dealing with Son of Sam laws, which are state laws that prevent convicted criminals from publishing books about their crime for profit.[1] Simon & Schuster challenged the law's application to profits from Nicholas Pileggi's book Wiseguy: Life in a Mafia Family, which was written with paid assistance from former mobster Henry Hill. The court struck down the Son of Sam law in New York on the ground that the law was violative of the First Amendment, which protects free speech. Nevertheless, similar laws in other states remain unchallenged. The opinion of the court was written by Sandra 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]

References

Simon & Schuster, Inc. v. Crime Victims Board, 502 U.S. 105 (1991).
"Son-of-Sam Law". Gale Encyclopedia of US History. The Gale Group. 2006. Retrieved October 24, 2012.

External links

Text of Simon & Schuster v. Crime Victims Board, 502 U.S. 105 (1991) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)

This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.

[1] Simon & Schuster, Inc. v. Crime Victims Board, 502 U.S. 105 (1991).

[2] "Son-of-Sam Law". Gale Encyclopedia of US History. The Gale Group. 2006. Retrieved October 24, 2012.