Simon & Schuster, Inc. v. Members of New York State Crime Victims Board (1991)
- Docket
- 90-1059
- Decided
- 1991-01-01
Summary
Question: Did the Son of Sam law violate the free speech clause of the First Amendment? Conclusion: Yes. The Court concluded that "New York has singled out speech on a particular subject for a financial burden that it places on no other speech and no other income." This discrimination could only be justified if the state could show "that its regulation is necessary to serve a compelling state interest and is narrowly drawn to achieve that end" (Arkansas Writers' Project, Inc. v. Ragland, 481 U.S. 221, 231 (1987)). The Board failed to explain why victims' compensation had to come from the criminals' storytelling rather than other assets.