Son of Sam Law - History

History

The first such law was created in New York after the Son of Sam murders committed by serial killer David Berkowitz. It was enacted after rampant speculation about publishers offering large amounts of money for Berkowitz's story. The law was invoked in New York 11 times between 1977 and 1990, including once against Mark David Chapman, murderer of musician John Lennon.

Critics disputed the law in the Supreme Court on First Amendment grounds. It was argued 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.

Though this original New York law was struck down, the Supreme Court ruling actually stated that Son of Sam laws could conceivably be constitutional, but only if written very carefully, with regard to First Amendment rights. Various states (including New York) now have laws to prevent felons from capitalizing on their crimes written with an eye towards adhering to the ruling laid out by the Supreme Court concerning the First Amendment.

Another discussion of the Son of Sam law came over the case of Amy Fisher, which garnered much publicity. Producers offered the Fisher family $80,000 for the rights to publicize the case, although that money was used to post bail rather than for personal gain and enjoyment.

After numerous revisions, New York adopted a law in 2001, again known as the "Son of Sam" law. 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 then 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. This law also authorizes a state agency, the Crime Victims' Board, to act on the victims' behalf in some limited circumstances. Thus far, the current New York law has survived constitutional scrutiny.