Simon & Schuster, Inc. v. Crime Victims Board

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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]

• 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)

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