SIDIS V. F-R PUBLISHING CO.
113 F.2d 806 (2nd Cir. 1940)
NATURE OF THE CASE: Sidis (P) appealed an order granting F-R's (D) motion to dismiss P's
first two causes of action, which alleged violation of P's right to privacy and violation of
N.Y. Civ. Rights Law 50 and 51.
FACTS: Sidis (P) was the subject of a brief biographical sketch and cartoon published in
The New Yorker weekly magazine. Further references were made to him about 4 months later. P
sued F-R Publishing (D). P alleged invasion of privacy, malicious libel and a violation of
rights under New York Civil Rights Law. A motion to dismiss was filed by D and it was
granted for the Civil Rights violation and the invasion of privacy action. P appealed. P was
in fact a famous child prodigy in 1910 and he was well known to newspapers of that time. At
eleven-years-old he lectured to distinguished mathematicians on the subject of
Four-Dimensional Bodies. Since his graduation from Harvard when he was sixteen he has tried
to live as privately as possible. The articles printed about P traced his life and his
unusual activities to keep his life private. The article detailed his current life-style
which was a bit eccentric. P did not contend that anything printed about him was untrue.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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