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KEENAN v. SUPERIOR COURT

No. S080284.

117 Cal.Rptr.2d 1 (2002)

27 Cal.4th 413

40 P.3d 718

Barry KEENAN, Petitioner, v. SUPERIOR COURT of Los Angeles County, Respondent; Frank Sinatra, Jr., Real Party in Interest.

Supreme Court of California.

February 21, 2002.

Attorney(s) appearing for the Case

Rohde & Victoroff and Stephen F. Rohde, Los Angeles, for Petitioner.

Dilan A. Esper; Peter J. Eliasberg and Mark D. Rosenbaum, Los Angeles, for ACLU Foundation of Southern California as Amicus Curiae on behalf of Petitioner.

Weil, Gotshal & Manges, R. Bruce Rich, Jonathan Bloom, Heather R. Goldstein, New York, NY, Josh A. Krevitt, Redwood Shores, and Christopher J. Cox, Springfield, VA, for The Association of American Publishers, Inc., The American Booksellers Foundation for Free Expression, Magazine Publishers of America, Inc., and PEN American Center as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Corbett & Steelman, Richard B. Specter and Mark M. Monachino, Irvine, of Real Party in Interest.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Carole Ritts Kornblum, Assistant Attorney General, Peter K. Shack and Kelvin C. Gong, Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest.

BAXTER, J.

We confront a claim that California's "Son of Sam law" facially violates constitutional protections of speech by appropriating, as compensation for crime victims, all monies due to a convicted felon from expressive materials that include the story of the crime. We conclude that these provisions of the California statute are facially invalid under both the free speech clause of the First Amendment to the federal Constitution1

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