What is the ‘Son of Sam’ law? Parkland sentencing judge bans Nikolas Cruz from profiting off crimes

(image via Amy Beth Bennett/AP)
Cruz's prison commissary has been seized (image via Amy Beth Bennett/AP)

On Wednesday, November 2, 2022, Judge Elizabeth Scherer granted a motion stating that convicted Parkland shooter Nikolas Cruz would have to the follow the 'Son of Sam Law.' This law would prevent him from profiting off media or publicity related to his crimes.

On February 14, 2018, a then 19-year-old Nikolas Cruz entered his former high school and opened fire on students and teachers with an assault rifle. He killed 17 people and injured 17 others in the attack. On November 2, he was sentenced to life in prison over the charges.

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During the sentencing, the Judge said that Nikolas Cruz wouldn't be permitted to make any money by telling the story of the crime in any way. She further added that although there is a public fascination with the culture of mass shootings in America, Cruz will not benefit from it.

Judge Scherer added:

"I am also granting the State motion of the Florida equivalent of the Son of Sam Law, which means Mr Cruz you will not be able to benefit in any way as far as money is concerned as to the crimes you committed."

Scherer said that the cost of Nikolas Cruz's legal fees would be deducted from his prison commissary account. This is the sum of money convicts use to buy extra snacks and beverages in prison. She also ascertained that no 'fans' or 'admirers' would be able to purchase anything for Cruz.


What are the 'Son of Sam Laws' that are imposed upon Nikolas Cruz?

Psychology Today reported that the 'Son of Sam' Laws are named after David Berkowitz, a serial killer convicted of 8 shootings in New York in 1976. The 'Son of Sam' moniker emerged from a cryptic letter he left to authorities, where he identified himself by that name.

After Berkowitz's 1977 arrest, the New York State Assembly passed a law stating that Berkowitz would not be able to profit from telling the story of his crimes. Berkowitz claimed that he wasn't interested in doing so. However, several media houses and production companies were allegedly offering him a lucrative sum in return for book and movie rights.

While Nikolas Cruz has not explicitly expressed any interest in profiting from his account of the Parkland massacre, the motion is often passed pre-emptively.

The motion remains controversial, however, as many claim it infringes upon First Amendment rights. Scott Freeman, the attorney for Jimmy Lerner, a Nevada inmate who wrote a book about his life, described his issues with the law.

Freeman said that Nevada law is content-based and that it is clear that these laws "chill free speech." He continued:

"They not only violate the First Amendment rights of people like Mr. Lerner who engage in expressive work, but people also have a constitutional right to read books like his and receive information."

The 'Son of Sam' Law varies from state to state. In certain states, such as New York, they restrict not only money earned from sales of a story related to the crime, but also any other economic proceeds that may stem from it.

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