Seres v. Lerner

OPINION

By the Court, Maupin, J.:

In this appeal, we consider the constitutionality of NRS 217.007, Nevada’s “Son of Sam” law. In general terms, NRS 217.007 allows a felony victim to recover from the felon any monetary proceeds the felon might generate from published materials based upon or substantially related to the offense. Damage awards derived from actions brought after expiration of applicable statutes of limitation for tort damages are limited to publication proceeds. We hold that NRS 217.007 violates the First Amendment of the United States Constitution.

FACTS AND PROCEDURAL HISTORY

In…