at 120 21. The Court ruled that New York's "Son of Sam" law was inconsistent with the First Amendment because it was "overinclusive" in that it "reaches a wide range of literature that does not enable a criminal to profit from his crime while a victim remains uncompensated. " 502 U. S. at 121 22. Although the holding in Simon and Schuster was explicitly limited to New York's "Son of Sam" law, the decision appears to leave little doubt, if any, about the unconstitutionality of 18 U.
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Since the 1980s, the People's Republic of China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing the bureaucracy and disciplinary committees for the Communist Party of China. However, many have argued that the usefulness of these laws is vastly inadequate in terms of controlling government actions, largely because of institutional and systemic obstacles like a weak judiciary, poorly trained judges and lawyers, and corruption. In 1990, the Administrative Supervision Regulations 行政检查条例 and the Administrative Reconsideration Regulations 行政复议条例 were passed. The 1993 State Civil Servant Provisional Regulations 国家公务员暂行条例 changed the way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introduced a rotation system. The three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law 国家赔偿法 was passed, followed by the Administrative Penalties Law 行政处罚法 in 1996.