First Amendment Prevails over Crime Victim Compensation: Simon (and) Schuster, Inc. v. Members of the New York State Crime Victims Board, The

Abstract

INTRODUCTION|The First Amendment to the United States Constitution is a valued constitutional provision because it protects an individual's right to speech and right to receive speech. The government may not overstep the boundary of protected speech to impose its own view as to what speech is good for society.|However, sometimes this fundamental principle conflicts with other societal values. When this conflict arises, a court must decide which value will prevail over the other. Recognizing the reality of this conflict, United States Supreme Court Justice Anthony Kennedy stated...