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| Son of Sam law | |
|---|---|
| Name | Son of Sam law |
| Long title | Laws restricting criminals from profiting from publicity about their crimes |
| Enacted by | Various United States |
| Date enacted | 1970s–1990s |
| Status | Varied; many revised after Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board |
Son of Sam law
The Son of Sam law refers to a class of statutes in the United States designed to prevent individuals who committed notorious crimes from profiting through book deals, film rights, interviews, or other commercial arrangements that exploit their offenses. Originating after highly publicized cases involving figures like David Berkowitz and institutions such as the New York State Crime Victims Board, these laws intersect with precedents from the United States Supreme Court, statutes from state legislatures, and debates involving the First Amendment to the United States Constitution and victims' rights advocates like Moms Against Drunk Driving.
Largely inspired by the notoriety of David Berkowitz and widespread media coverage in the 1970s, early statutes were championed by figures in state legislatures such as the New York State Assembly and advocacy groups including the National Organization for Victim Assistance, prompting enactment in jurisdictions like New York (state) and California (state). High-profile incidents involving publishers such as Simon & Schuster and producers linked to adaptations of criminals' narratives heightened concerns among officials like the New York Governor and attorneys general including Robert Abrams, prompting legislative responses modeled in part on earlier restitution statutes and civil remedies reflected in case law from courts including the New York Court of Appeals.
Typical provisions authorized civil actions allowing victims named in a criminal offender's commercial contract to place proceeds into escrow or require assignment of profits to a victims' compensation fund administered by entities such as the New York State Crime Victims Board or analogous state agencies like the California Victim Compensation Board. Statutory language often covered "proceeds" from books, movies, interviews and sometimes image rights, applying to relationships with publishers like Random House, studios like Warner Bros., and broadcasters such as ABC (American Broadcasting Company), while intersecting with licensing practices in markets overseen by agencies like the Federal Communications Commission.
Several statutes were challenged in litigation resulting in landmark decisions by the United States Supreme Court, most notably a decision that struck down a New York statute in a case involving a publisher, a crime victim board, and claims under the First Amendment to the United States Constitution. The Court's reasoning drew on precedents involving Time, Inc. v. Hill and other free speech cases, with opinions citing the roles of litigants like publishers Simon & Schuster, Inc. and individual offenders, and invoking doctrines developed in decisions addressing viewpoint discrimination and prior restraints.
States responded diversely: jurisdictions such as California (state), Texas and Florida enacted statutes with different scopes, remedies, and administrative frameworks, while states like New Jersey and Pennsylvania revised laws after constitutional challenges. Some states limited application to future royalties or structured escrow schemes administered by agencies like state treasuries or victim compensation offices, whereas others expanded coverage to derivative rights and nontraditional media platforms regulated by entities including the Federal Trade Commission.
By directing proceeds toward restitution mechanisms administered by entities such as state compensation funds and victim advocacy organizations like the National Center for Victims of Crime, these statutes affected civil claim strategies pursued by plaintiffs' attorneys and prosecutors in jurisdictions including Manhattan and Los Angeles County. The laws influenced settlements involving publishers, studios, and distributors, altering bargaining dynamics with parties such as HarperCollins and production companies during negotiations over life-rights and adaptation contracts.
Critics including civil libertarians, media organizations like the American Civil Liberties Union, and publishing associations argued that some statutes ran afoul of the First Amendment to the United States Constitution by imposing content- or speaker-based restrictions, citing concerns highlighted by scholars at institutions such as Columbia University and Harvard University. Legal scholars referenced constitutional doctrines from cases involving free speech and due process, and commentators in venues like The New York Times and The Washington Post debated tensions among victims' rights, press freedoms, and restitution principles enshrined in state statutes.
Following Supreme Court guidance, many states enacted revised statutes emphasizing narrow, content-neutral mechanisms such as mandatory escrow of proceeds, assignment provisions compatible with precedent, and administrative processes managed by agencies like state victim compensation boards; jurisdictions including New York (state), California (state), and Illinois remain active in legislative reform. Contemporary litigation and legislative activity continue to involve publishers, studios, civil rights organizations, and victim advocacy groups, with cases sometimes reaching federal courts in circuits such as the Second Circuit and attracting commentary from legal scholars at law schools like Yale Law School and NYU School of Law.
Category:United States criminal law