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SIMON & SCHUSTER, INC. v. MEMBERS OF THE NEW YORK STATE CRIME VICTIMS BOARD

No. 90-1059.

502 U.S. 105 (1991)

SIMON & SCHUSTER, INC. v. MEMBERS OF THE NEW YORK STATE CRIME VICTIMS BOARD et al.

United States Supreme Court.

Decided December 10, 1991.

Attorney(s) appearing for the Case

Ronald S. Rauchberg argued the cause for petitioner. With him on the briefs were Charles S. Sims and Mark C. Morril.

Howard L. Zwickel, Assistant Attorney General of New York, argued the cause for respondents. With him on the brief were Robert Abrams, Attorney General, O. Peter Sherwood, Solicitor General, and Susan L. Watson, Assistant Attorney General.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, Scalia, and Souter, JJ., joined. Blackmun, J., p. 123, and Kennedy, J., p. 124, filed opinions concurring in the judgment. Thomas, J., took no part in the consideration or decision of the case.

Justice O'Connor delivered the opinion of the Court.

New York's "Son of Sam" law requires that an accused or convicted criminal's income from works describing his crime be deposited in an escrow account. These funds are then made available to the victims of the crime and the criminal's other creditors. We consider whether this statute is consistent with the First Amendment.

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