Something quick and I just heard from a commentator that the state of Arizona will probably work on this (the prisoner from profiting)
http://www.firstamendmentcenter.org/son-of-sam-lawsGravano argued that seizure of royalties from Underboss violated the First Amendment under Simon & Schuster. An Arizona appeals court rejected his arguments in State of Arizona v. Gravano (2002), ruling that the Arizona forfeiture statute, unlike a Son of Sam law, was not specifically targeted at expressive works. The court explained:
Thus, whether proceeds of an expressive work are forfeitable under the statutory scheme does not depend on the content of the work, and the Underboss royalties owed to Gravano may be subject to forfeiture regardless of the message conveyed in the book if a causal connection between racketeering and the proceeds exists. Accordingly, the forfeiture statutes as applied here are content-neutral.
Gravano appealed to the Arizona Supreme Court, which declined to review the decision. The U.S. Supreme Court also declined to review a further appeal.
“I think what most states will do is what Arizona did,” says attorney Freeman. “They will avoid the Son of Sam laws altogether and find another way to forfeit a criminal’s assets, such as going under a RICO (Racketeer Influenced and Corrupt Organizations) statute. Arizona cleverly went through the state RICO law. I think more prosecutors will find creative ways to get around the constitutional problems imposed by the Son of Sam decisions.”