Legal Matters

Lawsuits

In fan feuding, it is almost universally held that to resort to legal action is outside the pale of permitted tactics. Alas, as fandom has broadened, the sf community’s recourse to the courts has become more frequent, although not all of them made it as far as an actual courtroom. Among the lawsuits:

• Donald A. Wollheim, et al., vs. Hugo Gernsback for nonpayment.
• The X Document libel suit that killed the Futurians.
• Peter Kranold filed suit against Forrest J Ackerman in the 1950s for "actions detrimental to the well-being of science fiction," as well as reporting him (falsely) for operating a literary agency without a license, which act got Kranold kicked out of LASFS.
• Belle and Frank Dietz and George Nims Raybin vs. Dave Kyle over funds from NYCon II and libel (see also Plane Trip and WSFS Inc.).
• Earl Kemp vs. D. Bruce Berry (see A Trip to Hell).
• Sam Moskowitz’s libel suit on behalf of his wife, Christine Haycock, vs. Ted White.
• Four lawsuits between Ahrvid Engholm and other Swedish fans over SEFF.
• Stilyagi Air Corps vs. AASFA for control of ConFusion.
• Steve Jackson Games vs. the U.S. Secret Service.
• Peter S. Beagle vs. Connor Cochran for elder abuse, among other things. (Apparently finally resolved.)
• Lawsuit against ConJose 2 over an exclusion from the convention.

The Cult figured in at least one divorce case.

Crimes

Assorted fans and pros have been in trouble with the law. Among those who served time:

• Norb Reinsel (murder).
• Leigh and David Eddings (child abuse and intent to do great bodily harm).
• Walter Breen (child molestation).
• Ed Kramer (child molestation).
• Elessar Tetramariner (child pornography).
• James Coleman Nelson (burglary).
• George Senda (theft).
• Ted White (possession with intent to distribute marijuana, LSD, and mushrooms).
• E. Everett Evans (sodomy).
• William L. Hamling and Earl Kemp (conspiracy to mail obscene material).
• George Furcsik (possessing obscene photographs).
• Charles Hornig (desertion from Civilian Public Service).
• Chan Davis (contempt of Congress).
• Randy Everts (overdue library books).

On the other side of the law, Jack Speer and Joe Hensley were judges. Fandom i/s/ i/n/f/e/s/t/e/d/ w/i/t/h/ has many lawyers, too, but we aren’t prepared to vouch for which side of the law they’re on.

From Fancyclopedia 2, ca. 1959

Fans in their separate universe ordinarily have little to do with the processes of the civil law, tho its judgements of what's right and wrong in the relations of literary men are generally accepted as authoritative morally as well as legalistically; a few requirements of our own regarding exclusive rights to fanzine titles, pen names, ktp, are added for our own use. Speer, who has a career in the infamous profession, has made amateur expositions of such subjects as the common-law copyright. The only lawsuit connected to fandom which actually came to court was Wollheim's suit against Wonder Stories, in which he represented several other new authors whom Wonder had forgotten to pay. They won their case, and the ISA-SFL war resulted. In fan feuding it is almost universally held that resort to legal action is outside the pale of permitted tactics, and various New York fans have reflected great discredit on themselves by resorting to this sort of foul play. Wollheim and Sykora have at various times threatened legal action against one another in connection with their long-standing feud, but this has never materialized. Sykora did put the postal authorities on the Futurians' trail in connection with the Christmas Card incident, hoping they'd uncover some activities of a subversive nature too. [They didn't.] A lawsuit was filed in the X Document split but never came to court. Taurasi was threatened in '56 by Random House, which alleged that JVT's use of the name "Fandom House" in publishing Fantasy Times constituted unfair competition. Tho somewhat flattered, Jas decided not to fight it, having learned that simply bringing the case to court would rock him $300. And in 1958 a lawsuit -- or rather a pair of them, one brought by each opponent -- between Dave Kyle and the Dietz-Raybin faction, tho never brought to trial (as of July '59) led to the ruin of WSFS Inc. Tho Hornig performed a quasi-judicial function in connection with a dispute over the SFL rule on correspondence, the first legal authority set up by a fan organization is the Vice-President of FAPA. More or less legalistic debates have been waged between members of FAPA over strict observance of the Constitution vs ignoring it where it becomes inconvenient.

From Fancyclopedia 1, ca. 1944

Fans in their separate universe ordinarily have little to do with the processes of the civil law, tho they generally accept its judgments of what's right and wrong in the relations of literary men (adding a few requirements of their own regarding exclusive rights to fanzine names, ktp). Speer, who aims at a career in the infamous profession, has made amateur expositions of such subjects as the common-law copyright. Only actual lawsuit connected with fandom was Wollheim's suit against Wonder Stories, in which he represented several other new authors whom Wonder had failed to pay. They won the case, and the ISA-SFL war resulted. In connection with their long-standing feud, Wollheim and Sykora have at various times threatened legal action against one another, but it has never materialized. Sykora did put the postal authorities on the Futurians' trail in connection with the Christmas Card Incident, hoping they'd uncover some subversive activities too. Tho Hornig performed a quasi-judicial function in connection with a dispute over the SFL rule on correspondence, the vice-president of the FAPA is the first legal authority set up by a fan organization. More or less legalistic debates have been waged between members of the FAPA over strict observance of the Constitution vs ignoring it where it become inconvenient.

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Fanhistory

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