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

> Supreme Court of the United States · December 10, 1991 · 502 U.S. 105

URL: https://www.frixlaw.com/law-library/cases/9432425

## Case

- **Full name:** SIMON & SCHUSTER, INC. v. MEMBERS OF THE NEW YORK STATE CRIME VICTIMS BOARD Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** December 10, 1991
- **Citations:** 502 U.S. 105; 91 Daily Journal DAR 15069; 60 U.S.L.W. 4029; 19 Media L. Rep. (BNA) 1609; 112 S. Ct. 501; 116 L. Ed. 2d 476; 1991 U.S. LEXIS 7172
- **Precedential status:** Published
- **Opinion:** Concurrence by Blackmun
- **Judges:** O'Connor, Rehnquist, White, Stevens, Scalia, Souter, Blackmun, Kennedy, Thomas
- **Cited by:** 567 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9432425

## How later opinions describe it (automated extraction)

- concluding that the disparate treatment of storytelling criminal speech was completely unrelated to the' State’s compelling interest in ensuring that crime victims were compensated from the fruits of the crimes committed against them and that any interest thé State might have …
- stating "broad[] principle [that] [r]egulations which permit the Government to discriminate on the basis of the content of the message cannot be tolerated under the First Amendment" (internal quotation marks omitted)
- finding statute “not narrowly tailored” because it swept in a wide range of expression that did not serve the government’s interest in preventing criminals from profiting while victims go uncompensated

## Opinion text

Justice Blackmun,
concurring in the judgment.
I am in general agreement with what the Court says in its opinion. I think, however, that the New York statute is underinclusive as well as overinclusive and that we should *124 say so. Most other States have similar legislation and deserve from this Court all the guidance it can render in this very sensitive area.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9432425. Public record. Not legal advice.