The term "Son of Sam" is derived from the first law of this type, targeted at
serial killer David Berkowitz, who used the name "Son of Sam" during his notorious murder spree in mid-1970s
New York City. After his arrest in August 1977, the intense media interest in the case led to widespread speculation that he might sell his story to a writer or filmmaker. Although Berkowitz denied wanting any kind of deal, the
New York State Legislature swiftly passed preemptive legal statutes anyway, the first legal restriction of its kind in the U.S. The existing "general law which sought to compensate victims of a crime through administrative agency" was amended August 11, 1977, the day after Berkowitz's arrest, resulting in what is referred to as "the original 'Son of Sam' law" which became the model for 42 other similar state and federal laws. The original New York law was invoked in New York eleven times between 1977 and 1990, including against
Mark David Chapman, the murderer of musician
John Lennon. Critics argued that the law infringed on
freedom of speech and therefore violated the First Amendment. Further they say that "Son of Sam" laws take away the financial incentive for many criminals to tell their stories, some of which (such as the
Watergate scandal) were of vital interest to the general public. In 1987, lawyers for publishing company
Simon & Schuster sued the New York authorities to prevent enforcement of the Son of Sam law with respect to a book they were about to publish called
Wiseguy, written by
Nicholas Pileggi. The book was about ex-mobster
Henry Hill. It was adapted for the film
Goodfellas. The case reached the U.S. Supreme Court in 1991. In
Simon & Schuster v. Crime Victims Board, the Court ruled 8-0 that the law was unconstitutional. The Court held that the law was
overinclusive and would have prevented the publication of such works as
The Autobiography of Malcolm X,
Thoreau's Civil Disobedience, and even
The Confessions of Saint Augustine. Similarly, the state of
California's Son of Sam law was struck down in 2002 after being used against
Barry Keenan, one of the men who kidnapped
Frank Sinatra Jr. in 1963. After numerous revisions, New York adopted a new "Son of Sam" law in 2001. This law requires that victims of crimes be notified whenever a person convicted of a crime receives $10,000 (US) or more from virtually any source. The law attaches a springing
statute of limitations, giving victims an extended period of time to sue the perpetrator of the crime in civil court for their crimes and to potentially receive damages. This law also authorizes a state agency, the Crime Victims' Board, to act on the victims' behalf in some limited circumstances. Thus far, this current New York law has survived court scrutiny, largely because profit is targeted instead of speech. ==Related concepts==