simon schuster crime victims argued october decided december among things new york son sam law provides entity contracting person accused convicted crime production book work describing crime must pay respondent crime victims board moneys owed person contract requires board deposit funds escrow account payment victim within five years obtains civil judgment accused convicted person criminal creditors defines person convicted crime include person voluntarily intelligently admitted commission crime person prosecuted discovered petitioner publisher signed agreement author contracted admitted organized crime figure henry hill production book hill life board inter alia determined petitioner violated son sam law ordered turn money payable hill petitioner brought suit seeking declaration law violates first amendment injunction barring law enforcement district found law consistent amendment appeals affirmed held son sam law inconsistent first amendment pp whether first amendment speaker considered hill whose income new york law places escrow story told petitioner publish books crime assistance criminals willing forgo remuneration least five years law singles speech particular subject financial burden places speech income thus presumptively inconsistent amendment leathers medlock arkansas writers project ragland fact law escrows income rather taxing percentage outright law invalidated arkansas writers project serve basis disparate treatment amendment since forms financial burden operate disincentives speak moreover board assertion discriminatory financial treatment suspect legislature intends suppress certain ideas incorrect since long recognized even regulations aimed proper governmental concerns restrict unduly exercise rights amendment furthermore board claim law permissible amendment focuses generally entity rather specifically media falters first semantic grounds since entity enters contract convicted person transmit person speech becomes definition medium communication second constitutional grounds since governmental power impose financial disincentives speech vary identity speaker accordingly order justify differential treatment imposed law state must show regulation necessary serve compelling state interest narrowly drawn achieve end pp state compelling interest compensating victims fruits crime cf caplin drysdale chartered however contrary board assertion state little interest limiting compensation proceeds wrongdoer speech crime board explain state greater interest compensating victims proceeds criminals storytelling assets offer justification distinction expressive activity activity connection interest transferring fruits crime criminals victims arkansas writers project supra like governmental entities latter similar cases board taken effect statute posited effect state interest pp new york law narrowly tailored achieve state objective compensating victims profits crime law significantly overinclusive since applies works subject provided express author thoughts recollections crime however tangentially incidentally since broad definition person convicted crime enables board escrow income author admits work committed crime whether ever actually accused convicted two provisions combine encompass wide range existing potential works enable criminal profit crime victim remains uncompensated pp delivered opinion rehnquist white stevens scalia souter joined blackmun kennedy filed opinions concurring judgment thomas took part consideration decision case ronald rauchberg argued cause petitioner briefs charles sims mark morril howard zwickel assistant attorney general new york argued cause respondents brief robert abrams attorney general peter sherwood solicitor general susan watson assistant general briefs amici curiae urging reversal filed american civil liberties union et al leon friedman steven shapiro john powell arthur eisenberg association american publishers bruce rich motion picture association merica richard cooper david kendall walter josiah briefs amici curiae urging affirmance filed state florida et al robert butterworth attorney general florida louis hubener charles finkel assistant attorneys general attorneys general respective follows jimmy evans alabama charles cole alaska daniel lungren california gale norton colorado richard blumenthal connecticut charles oberly iii delaware michael bowers georgia larry echohawk idaho roland burris illinois linley pearson indiana robert stephan kansas joseph curran maryland scott harshbarger massachusetts frank kelley michigan hubert humphrey iii minnesota mike moore mississippi william webster missouri marc racicot montana stenberg nebraska frankie sue del papa nevada john arnold new hampshire robert del tufo new jersey lacy thornburg north carolina lee fisher ohio robert henry oklahoma ernest preate pennsylvania travis medlock south carolina mark barnett south dakota charles burson tennessee paul van dam utah jeffrey amestoy vermont mary sue terry virginia joseph meyer wyoming council state governments et al richard ruda randal milch briefs amici curiae filed solicitor general starr assistant attorneys general gerson mueller deputy solicitor general shapiro ronald mann crime victims legal clinic judith rowland national organization victim assistance et al charles brown iii washington legal foundation et al daniel popeo richard samp jonathan van patten justice delivered opinion new york son sam law requires accused convicted criminal income works describing crime deposited escrow account funds made available victims crime criminal creditors consider whether statute consistent first amendment summer new york terrorized serial killer popularly known son sam hunt son sam received considerable publicity time david berkowitz identified killer apprehended rights story worth substantial amount berkowitz chance profit notoriety victims families remained uncompensated escape notice new york legislature state quickly enacted statute issue mckinney supp statute intended ensure monies received criminal circumstances shall first made available recompense victims crime loss suffering assembly bill memorandum july reprinted legislative bill jacket ch author statute explained abhorrent one sense justice decency individual expect receive large sums money story captured five people dead people injured result conduct memorandum senator emanuel gold reprinted new york state legislative annual son sam law later amended requires entity contracting accused convicted person depiction crime submit copy contract respondent crime victims board turn income contract board requirement applies contracts medium communication every person firm corporation partnership association legal entity contracting person representative assignee person accused convicted crime state respect reenactment crime way movie book magazine article tape recording phonograph record radio television presentation live entertainment kind expression accused convicted person thoughts feelings opinions emotions regarding crime shall submit copy contract board pay board moneys otherwise terms contract owing person accused convicted representatives mckinney subsection grants priority two classes claims escrow account first upon order board must release assets exclusive purpose retaining legal representation addition board discretion giving notice victims crime make payments escrow account representative person accused convicted crime necessary expenses production moneys paid escrow account ibid provision permits payments literary agents representatives payments subsection may exceed amount collected account ibid claims account given following priorities payments ordered board subsection subrogation claims state payments made victims crime civil judgments obtained victims crime claims creditors accused convicted person including state local tax authorities mckinney supp subsection broadly defines person convicted crime include person convicted crime state either entry plea guilty conviction trial person voluntarily intelligently admitted commission crime person prosecuted emphasis added thus person never accused convicted crime ordinary sense admits book work committed crime within statute coverage recently construed new york appeals however statute apply victimless crimes children bedford petromelis son sam law supplements preexisting statutory schemes authorizing board compensate crime victims losses see mckinney supp permitting courts order proceeds crime forfeited state see mckinney supp providing orders restitution sentencing penal law mckinney affording prejudgment attachment procedures ensure wrongdoers dissipate assets mckinney supp escrow arrangement established son sam law enhances provisions insofar accused convicted person earns income within scope since enactment son sam law invoked handful times might expected individuals whose profits board sought escrow become well known committed highly publicized crimes include jean harris convicted killer scarsdale diet doctor herman tarnower mark david chapman man convicted assassinating john lennon foster winans former wall street journal columnist convicted insider trading ironically statute never applied son sam david berkowitz found incompetent stand trial statute time applied criminals actually convicted times according board berkowitz voluntarily paid share royalties book son sam published victims estates brief respondents case began board first became aware contract petitioner simon schuster admitted organized crime figure henry hill looking back safety federal witness protection program henry hill recalled age twelve ambition gangster wiseguy wiseguy better president pileggi wiseguy life mafia family hereinafter wiseguy whatever one might think hill least said realized dreams career spanning years hill admitted engineering daring crimes day including boston college basketball scandal theft million lufthansa airlines largest successful cash robbery american history wiseguy hill crimes banausic committed extortion imported distributed narcotics organized numerous robberies hill arrested exchange immunity prosecution testified many former colleagues since arrest lived assumed name unknown part country august hill entered contract author nicholas pileggi production book hill life following month hill pileggi signed publishing agreement simon schuster agreement simon schuster agreed make payments hill pileggi next years according pileggi hill talked length virtually every single day occasional sunday holiday skipped spent three hundred hours together notes conversations henry occupy six linear file feet app producing book required substantial investment time effort hill sought compensation ibid result hill pileggi collaboration wiseguy published january book depicts colorful detail existence organized crime primarily hill narrative throughout wiseguy hill frankly admits participated astonishing variety crimes discusses among things conviction extortion prison sentence served one portion book hill recounts members mafia received preferential treatment prison dorm separate building outside wall looked like holiday inn prison four guys room comfortable beds private baths two dozen rooms floor mob guys living like wiseguy convention whole gotti crew jimmy doyle guys ernie boy abbamonte joe crow delvecchio vinnie aloi frank cotroni wild wine booze kept aftershave jars hacks honor dorm almost take even though rules used cook rooms looking back think paulie went general mess five times two half years stove pots pans silverware stacked bathroom glasses cooler kept fresh meats cheeses inspection stored stuff false ceiling confiscated go kitchen get new stuff best food smuggled dorm kitchen steaks veal cutlets shrimp red snapper whatever hacks buy ate cost two three hundred week guys like paulie spent five hundred thousand bucks week scotch cost thirty dollars pint hacks used bring inside walls lunch pails never ran booze six hacks bringing six days week depending wanted much willing spend life almost bearable wiseguy wiseguy reviewed favorably washington post called amply detailed entirely fascinating book amounts piece revisionist history new york daily news columnist jimmy breslin named best book crime america ever written app book also commercial success within months publication million copies print years later book converted film called goodfellas host awards best film january board notified simon schuster come attention may contracted person accused convicted crime payment monies person app board ordered simon schuster furnish copies contracts entered hill provide dollar amounts dates payments made hill suspend payments hill future simon schuster complied order time simon schuster paid hill literary agent advances royalties hill behalf holding eventual payment hill board reviewed book contract may issued proposed determination order board determined wiseguy covered executive law simon schuster violated law failing turn contract hill board making payments hill money owed hill contract turned board held escrow victims hill crimes board ordered hill turn payments already received ordered simon schuster turn money payable hill time future simon schuster brought suit august seeking declaration son sam law violates first amendment injunction barring statute enforcement parties filed summary judgment district found statute consistent first amendment sdny divided appeals affirmed simon schuster fischetti federal government enacted statutes similar objectives see note simon schuster fischetti new york son sam law survive first amendment challenge notre dame listing state statutes issue significant likely recur accordingly granted certiorari reverse ii statute presumptively inconsistent first amendment imposes financial burden speakers content speech leathers medlock emphasized invalidating magazine tax official scrutiny content publications basis imposing tax entirely incompatible first amendment guarantee freedom press arkansas writers project ragland notion engrained first amendment jurisprudence last term found obvious require explanation leathers supra one manifestation far broader principle regulations permit government discriminate basis content message tolerated first amendment regan time see also police dept chicago mosley context financial regulation bears repeating leathers government ability impose burdens speech raises specter government may effectively drive certain ideas viewpoints marketplace first amendment presumptively places sort discrimination beyond power government reiterated leathers constitutional right free expression intended remove governmental restraints arena public discussion putting decision views shall voiced largely hands us belief approach comport premise individual dignity choice upon political system rests quoting cohen california son sam law statute singles income derived expressive activity burden state places income directed works specified content whether first amendment speaker considered henry hill whose income statute places escrow story told simon schuster publish books crime assistance criminals willing forgo remuneration least five years statute plainly imposes financial disincentive speech particular content board tries unsuccessfully distinguish son sam law discriminatory tax issue arkansas writers project son sam law escrows speaker income least five years rather taxing percentage outright difference hardly serve basis disparate treatment first amendment forms financial burden operate disincentives speak indeed many cases impossible discern advance type regulation costly speaker board next argues discriminatory financial treatment suspect first amendment legislature intends suppress certain ideas assertion incorrect cases consistently held llicit legislative intent sine qua non violation first amendment minneapolis star tribune minnesota revenue simon schuster need adduce evidence improper censorial motive arkansas writers project supra concluded minneapolis star long recognized even regulation aimed proper governmental concerns restrict unduly exercise rights protected first amendment finally board claims even first amendment prohibits financial regulation specifically media son sam law different imposes general burden entity contracting convicted person transmit person speech cf cohen cowles media nforcement general laws press subject stricter scrutiny applied enforcement persons organizations argument falters semantic constitutional grounds entity enters contract becomes definition medium communication one already event characterization entity member media irrelevant purposes government power impose financial disincentives speech surely vary identity speaker son sam law establishes financial disincentive create publish works particular content order justify differential treatment state must show regulation necessary serve compelling state interest narrowly drawn achieve end arkansas writers project board disclaims must state interest suppressing descriptions crime solicitude sensibilities readers see brief respondents often occasion repeat fact society may find speech offensive sufficient reason suppressing indeed speaker opinion gives offense consequence reason according constitutional protection hustler magazine falwell quoting fcc pacifica foundation bedrock principle underlying first amendment government may prohibit expression idea simply society finds idea offensive disagreeable eichman quoting texas johnson board thus assert interest limiting whatever anguish henry hill victims may suffer reliving victimization little doubt hand state compelling interest ensuring victims crime compensated harm every state body tort law serving exactly interest state interest preventing wrongdoers dissipating assets victims recover explains existence state statutory provisions prejudgment remedies orders restitution see law mckinney supp penal law mckinney recognized importance interest sixth amendment context see caplin drysdale chartered state likewise undisputed compelling interest ensuring criminals profit crimes like new york long recognized fundamental equitable principle children bedford petromelis one shall permitted profit fraud take advantage wrong found claim upon iniquity acquire property crime riggs palmer force interest evidenced state statutory provisions forfeiture proceeds instrumentalities crime see mckinney supp parties debate whether book royalties properly termed profits crime question need address purposes case assume without deciding income escrowed son sam law represents fruits crime need conclude state compelling interest depriving criminals profits crimes using funds compensate victims board attempts define state interest narrowly ensuring criminals profit story telling crimes victims meaningful opportunity compensated injuries brief respondents board far shakier ground board explain state greater interest compensating victims proceeds storytelling criminal assets board offer justification distinction expressive activity activity connection interest transferring fruits crime criminals victims thus even state said interest classifying criminal assets manner interest hardly compelling rejected similar assertions compelling interest past arkansas writers project minneapolis star observed state certainly important interest raising revenue taxation interest hardly justified selective taxation press completely unrelated distinction arkansas writers project supra minneapolis star likewise carey brown recognized state interest preserving privacy prohibiting residential picketing refused permit state ban nonlabor picketing nothing distinction bearing whatsoever privacy much true distinction drawn son sam law nothing state interest transferring proceeds crime criminals victims like government entities cases board taken effect statute posited effect state interest accepted sort circular defense sidestep judicial review almost statute makes statutes look narrowly tailored judge newman pointed dissent opinion appeals argument eliminates entire inquiry concerning validity discriminations every discrimination upheld simply observing state anxious regulate designated category speech short state compelling interest compensating victims fruits crime little interest limiting compensation proceeds wrongdoer speech crime must therefore determine whether son sam law narrowly tailored advance former latter objective means ensuring victims compensated proceeds crime son sam law significantly overinclusive counsel board conceded oral argument statute applies works subject provided express author thoughts recollections crime however tangentially incidentally see tr oral arg see also app addition statute broad definition person convicted crime enables board escrow income author admits work committed crime whether author ever actually accused convicted two provisions combine encompass potentially large number works son sam law effect time place publication escrowed payment works autobiography malcolm describes crimes committed civil rights leader became public figure civil disobedience thoreau acknowledges refusal pay taxes recalls experience jail even confessions saint augustine author laments past foulness carnal corruptions soul one instance involved theft pears neighboring vineyard see haley malcolm autobiography malcolm thoreau civil disobedience reprinted confessions saint augustine franklin library ed amicus association american publishers submitted sobering bibliography listing hundreds works american prisoners many contain descriptions crimes authors incarcerated including works authors emma goldman martin luther king list prominent figures whose autobiographies subject statute written difficult construct list include sir walter raleigh convicted treason dubiously conducted trial jesse jackson arrested trespass resisting arrest attempting served lunch counter north carolina bertrand russell jailed seven days age participating protest nuclear weapons argument statute like son sam law prevent publication works hyperbole written without compensation son sam law clearly reaches wide range literature enable criminal profit crime victim remains uncompensated prominent figure write autobiography end career include early chapter brief recollection stolen new york nearly worthless item youthful prank board control entire income book five years make income available author creditors despite fact statute limitations minor incident long since run son sam law produce outcome indicates statute say least narrowly tailored achieve state objective compensating crime victims profits crime iii federal government many enacted statutes designed serve purposes similar served son sam law statutes may quite different new york occasion determine constitutionality laws conclude simply son sam law new york singled speech particular subject financial burden places speech income state interest compensating victims fruits crime compelling one son sam law narrowly tailored advance objective result statute inconsistent first amendment judgment appeals accordingly reversed justice thomas took part consideration decision case son sam law overinclusive need address board contention statute decisions ward rock racism renton playtime theatres cases determined statutes intended serve purposes unrelated content regulated speech despite incidental effects speakers others even ward renton however regulations must narrowly tailored advance interest asserted state ward supra renton supra regulation narrowly tailored even lenient tailoring standards applied ward renton substantial portion burden speech serve advance state goals ward supra thus whether son sam analyzed ward leathers overinclusive satisfy requirements first amendment light conclusion case need decide whether justice blackmun suggests son sam law well case present need address justice kennedy discussion longstanding debate see gunther constitutional law ed issue parties us neither briefed argued justice blackmun concurring judgment general agreement says opinion think however new york statute well overinclusive say similar legislation deserve guidance render sensitive area justice kennedy concurring judgment new york statute consider imposes severe restrictions authors publishers using sole criterion content written regulated content full protection first amendment submit full sufficient reason holding statute unconstitutional view unnecessary incorrect ask whether state show statute necessary serve compelling state interest narrowly drawn achieve end ante quoting arkansas writers project ragland test formulation derives equal protection jurisprudence see wygant jackson board education opinion powell hirabayashi real legitimate place considers straightforward question whether state may enact burdensome restriction speech based content apart considerations time place manner use public forums law directed speech alone speech question obscene defamatory words tantamount act otherwise criminal impairment constitutional right incitement lawless action calculated likely bring imminent harm state substantive power prevent inquiry necessary reject state argument statute upheld borrowing compelling interest narrow tailoring analysis issue restriction resort test might read concession may censor speech whenever believe compelling justification precedents traditions allow inference said must acknowledged compelling interest inquiry found way first amendment jurisprudence late even sole question whether restriction fact although notion protected speech may restricted basis content restriction survives sometimes termed exacting scrutiny texas johnson may seem familiar appears adopted formulation first amendment cases accident rather result considered judgment johnson example cited boos barry support approach boos barry turn cited perry education assn perry local educators proposition justify restriction political speech public forum state must show regulation necessary serve compelling state interest narrowly drawn achieve end boos barry supra turning appropriate page perry discover statement supported citation carey brown looking last carey turns making statement equal protection government regulation discriminates among activities public forum equal protection clause mandates legislation finely tailored serve substantial state interests justifications offered distinctions draws must carefully scrutinized thus principle equal protection transformed one government power regulate content speech public forum general first amendment statement government power regulate content speech employment compelling interest test present context way justified colleagues citation arkansas writers project ragland ante true ragland case relied minneapolis star tribune minnesota revenue recite either compelling interest test close variant see ragland supra minneapolis star supra neither case state regulates speech content course cases even predating slow metamorphosis carey brown equal protection analysis first amendment law apply compelling interest test authorities also address issues content censorship see buckley valeo upholding limitations financial contributions campaigns federal office striking limitations financial expenditures campaigns cousins wigoda restriction freedom association naacp button prohibition solicitation lawyers shelton tucker statute compelling teachers schools colleges disclose organizations belonged contributed inapplicability compelling interest test restrictions speech demonstrated repeated statement else first amendment means government power restrict expression message ideas subject matter content police dept chicago mosley see also ragland citing mosley regan time regulations permit government discriminate basis content message tolerated first amendment general statements government lack power engage reflect surer basis protecting speech test used today legal categories regulation permitted least contemplated include obscenity see miller california defamation see dun bradstreet greenmoss builders incitement see brandenburg ohio situations presenting grave imminent danger government power prevent see near minnesota however historic traditional categories long familiar bar although respect last category difficult government prevail see new york times said certainty foregoing types expression remain ones without first amendment protection evidenced proscription visual depictions sexual conduct children see new york ferber use traditional legal categories preferable sort ad hoc balancing henceforth must perform every case analysis used becomes standard test practical matter perhaps interpret compelling interest test cases involving content regulation results become parallel historic categories discussed although enterprise today tends remain pro forma take life leave open possibility various sorts content regulations appropriate discount value precedents invite experiments fact present clear violations first amendment true case us forgo compelling interest test cases involving direct burdens speech course eliminate need difficult judgments respecting first amendment issues among questions avoid necessity deciding whether restricted expression falls within one unprotected categories discussed supra whether constitutional right impaired see nebraska press assn stuart whether case regulation activity combines expressive nonexpressive elements regulation aims activity expression compare texas johnson whether regulation restricts speech time place manner speech see ward rock racism whether regulation fact see boos barry however difficult lines may draw cases answer questions clear case us presents opportunity adhere surer test cases avoid using unnecessary formulation one capacity weaken central protections first amendment recognize opportunity confirm past holdings rule new york statute amounts raw censorship based content censorship forbidden text first amendment principles protecting speech press end matter observations concur judgment holding statute invalid