The “Son Of Sam“ Law: The First Amendment Gone Gray

The First Amendment is, perhaps, of all the constitutional rights that American?s hold dear, the most precious in our hearts. The right that grants us freedom of speech was deliberately first on the list of new priorities, thus suggesting the founding fathers believed the freedom of expression deserved the foremost place in this innovative and radical Constitution. Simply stated, all Americans deserved to be heard. All Americans had something significant to share. All Americans no matter what color, creed, religion or gender would be granted to right to formulate opinions and assert their beliefs. It is essential for this enlightened nation to hear the opinions of all of her citizens. How else can we grow, learn, and mature as a free society without this basest of human needs?freedom of expression.

Indeed, all Americans have and deserve that right granted to us in the First Amendment. But, as in all truly great and profound ideas, there exists the dreaded area where black and white mix, giving over to gray; where our deep-rooted beliefs tend to tangle with the bramble of human emotion. Do ALL Americans deserve to be heard? Did Americans Jeffrey Dahmer, Ted Bundy, and John

His name was David Berkowitz. He was a serial killer originally called the ?.44 Caliber Killer,? because of his penchant for killing women with a .44 caliber handgun in various parts of New York City. The police were frantic and, from letters left at the different crime scenes, the press eventually dubbed him, Son of Sam.

Wayne Gacy deserve such a right? What about Americans Charles Manson, Danny Rolling (the Gainesville murders), Ottis Toole (Adam Walsh), Angelo Buono (The Hillside Strangler), Albert De Salvo (The Boston Strangler), or Andrew Cunanan, the murderer of Gianni Versace? Do these Americans, and their families, not only deserved to be heard, but actually be allowed to profit from their words and heinous actions. According to the founding fathers, the First Amendment reached to all Americans?even to Susan Smith, the mother who so cruelly and methodically rolled her locked car into a South Carolina lake while her young sons slept in the back seat. The First Amendment was 100% available, laid out before murderers, rapists, child molesters, bank robbers, embezzlers, and the rest of society?s evil. It is often jokingly said, that of those accused of high profile crimes that when they are captured they are more eager to contact an agent than a defense attorney (Don Pember, p. 113). But without warning, during the hot and steamy summer of 1977 everything changed. The First Amendment suddenly went gray.

Eventually, the Son of Sam was caught, and the psycho had a name?David. The press clamored to purchase the rights to his story. David Berkowitz?s phone was, literally, ringing off the hook. If he could manage to survive the trial, he?d be a rich man. If he died, then his family would benefit. Reports circulated furiously that the offers were rolling in from all over the nation to hear David speak. The New York Legislature finally felt the need to take action. A law was passed that permitted the state to seize and hold for five years any money earned by an individual from the sale of his or her story of crime (Pember, p. 113). The money was then set aside to compensate the victim or victim?s family of the crimes perpetrated by the felon. The criminal/author can collect any money left after the five years has lapsed (Pember, p.113). This was the ?Son of Sam? law and was eventually adopted by

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