I'm reading the Anti-Tech Revolution by Ted Kaczynski, the following is noted in the front matter:
Theodore John Kaczynski does not receive any remuneration for this book
This led me to wonder, what are the regulations behind taking commissions when writing from prison in US, or was it the authors choice?
While a convicted felon can legally receive royalties for writing about his crime (in light of the unconstitutionality of Son of Sam laws), a court can also order seizure of assets for victim restitution. Thus the case of US v. Kaczynski where the 9th Circuit upheld a plea deal that included a restitution provision of $15,026,000. The federal government wanted to just take his writings, he sued to have them returned, he prevailed. The court noted (fn. 13) that
Any effort by Kaczynski to publish or otherwise profit from this property following any return to him will, of course, remain subject to the $15 million restitution lien.
Yes.
The First Amendment protects freedom of speech, and there is no exception for speech about crimes for which the author is incarcerated.
Other answers suggest that inmates cannot profit from writing about the crimes for which they are being punished, but it has been more than 30 years since the U.S. Supreme Court ruled that these "Son of Sam" laws are unconstitutional:
We conclude simply that, in the Son of Sam law, New York has singled out speech on a particular subject for a financial burden that it places on no other speech and no other income. The State's interest in compensating victims from the fruits of crime is a compelling one, but the Son of Sam law is not narrowly tailored to advance that objective. As a result, the statute is inconsistent with the First Amendment.
Simon Schuster v. Crime Victims Bd., 502 U.S. 105, 123 (1991).
Yes, inmates can write books in prison. Inmates can also publish books and profit from those books in prison as long as they follow the rules of the institution and as long as the books are not related to the crime for which they are serving time.
According to Writingbeginner.com You can write and publish books for a profit as long as it complies with the prison/jail's guidelines.
Laws like these are generally called "Son of Sam" laws and are named after serial killer David Berkowitz, who went by the alias "Son of Sam" while taunting the police about his crimes. On arrest, many feared Berkowitz would try to get a book deal to sell the story of his crime spree as told by him and New York State quickly passed the first "Son of Sam" law in the nation.
Son of Sam laws target notorious criminals who have become infamous from the press attention they offer. Under U.S. law, you are not allowed to profit from crimes. But most laws were written to seize money and items used to generate illegal profits. No one had anticipated a criminal of notoriety writing a book, or selling movie rights, or giving exclusive interviews after arrest and conviction.
It's also important to note that Son of Sam laws are not universal. Some states have them and others do not. In so far as I'm aware, writing a book about your crime in Nevada for profit is still legal (Though last word I had is early-mid 2000s).
