Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board

Background

New York’s Crime Victims Board required any payment to a person who describes a crime to be put into an escrow account for five years so victims could try to recover money. A publisher, Simon & Schuster, published Wiseguy, a book based on admitted criminal Henry Hill’s stories. The Board ordered payments to be turned over. Simon & Schuster sued, lower courts upheld the statute, and the case reached the Supreme Court.

Reasoning

The key question was whether the law could force people to lose money simply because they wrote or published about a crime. The Court said the law singled out speech by its content and imposed a financial burden on authors and publishers. Although the State has a strong interest in compensating victims and preventing criminals from profiting, the statute was too broad: it could reach many ordinary books and confessions and was not narrowly tailored to the goal of helping victims.

Real world impact

The Court struck down New York’s specific law, protecting writers and publishers from being financially penalized solely for writing about crimes. The decision leaves open the possibility that different, more carefully drawn laws could withstand review. It also signals that other States with similar statutes may need to change them.

Dissents or concurrances

Two Justices agreed with the result but wrote separately: one added that the law is also underinclusive, and another said the content-based nature alone is enough to invalidate the law.