Fact; Volume Two, Issue Three May-June 1965
New York: Fact Magazine, Inc. [Ralph Ginzburg, Publisher], 1965. Presumed First Edition, First printing. Wraps. The format is approximately 8.5 inches by 11 inches. 64 pages. Illustrations. The cover has some wear and soiling. Some weakness at the front cover. Some page discoloration noted. Increasingly rare surviving copy. This issue contains a portfolio of the most beautiful art from Eros together with the true story of how the magazine was suppressed. This issue is devoted to Eros on Trial. Fact was an American quarterly magazine that commented on controversial topics. It was in circulation between January 1964 and August 1967. The publisher of Fact was Trident Press based in New York City. The magazine was edited by Ralph Ginzburg and Warren Boroson and designed by Herb Lubalin. Fact was notable for having been sued by Barry Goldwater over a 1964 issue entitled "The Unconscious of a Conservative: A special Issue on the Mind of Barry Goldwater". In Goldwater v. Ginzburg, a federal jury awarded Goldwater $1 in compensatory damages and $75,000 in punitive damages, to punish Ginzburg and the magazine for being reckless. The American Psychiatric Association then issued the Goldwater rule reaffirming medical privacy and forbidding commenting on a patient whom the individual psychiatrist has not personally examined. The United States Court of Appeals for the Second Circuit affirmed the award and the Supreme Courts denied a petition for certiorari (review); Justice Black and Justice Douglas joined a dissenting opinion, rather unusual at the time (1970) on orders denying "cert." More
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