This section contains the nature of the case and procedural background.

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 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 lifestyle which was a bit eccentric. P did not contend that anything printed about him was untrue.

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