Ralph Ginzburg
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Ralph Ginzburg (October 28, 1929 – July 6, 2006) was an American author, editor, publisher and photo-journalist. He was best known for publishing books and magazines on
erotica Erotica is literature or art that deals substantively with subject matter that is erotic, sexually stimulating or sexually arousing. Some critics regard pornography as a type of erotica, but many consider it to be different. Erotic art may use a ...
and art and for his conviction in 1963 for violating federal
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
laws.


Biography

Ralph Ginzburg was born in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
on October 28, 1929, to
Russian-Jewish The history of the Jews in Russia and areas historically connected with it goes back at least 1,500 years. Jews in Russia have historically constituted a large religious and ethnic diaspora; the Russian Empire at one time hosted the largest pop ...
immigrant parents. He went to
New Utrecht High School New Utrecht High School is a state school, public Secondary education in the United States, high school located in Bensonhurst, a neighborhood of Brooklyn, New York (state), New York. The school is operated by the New York City Department of Educat ...
in Brooklyn and was president of his class. Since his parents hoped that he could be an accountant, when he first enrolled in
City College of New York The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a public university within the City University of New York (CUNY) system in New York City. Founded in 1847, Cit ...
after high school, he majored in accounting. While Ginzburg was taking a journalism class at CCNY, his professor, Irving Rosenthal, realised his talent in journalism and encouraged him to accept an editorial job on the school newspaper, ''The Ticker''.Williams, C. F. (2012). ''Eros in America: Freud and the counter culture''. Ginzburg later became editor-in-chief of it, which further fostered his passion for
journalism Journalism is the production and distribution of reports on the interaction of events, facts, ideas, and people that are the "news of the day" and that informs society to at least some degree. The word, a noun, applies to the occupation (profes ...
. After graduating in 1949, Ginzburg found a job at The New York Daily Compass as a copy boy and cub reporter. He had to leave his job and join the army for
the Korean War {{Infobox military conflict , conflict = Korean War , partof = the Cold War and the Korean conflict , image = Korean War Montage 2.png , image_size = 300px , caption = Clockwise from top:{ ...
two years later, and was assigned to Fort Myer, Va, to work for the Public Information Office, where he both edited the post newspaper and took wedding photos for base marriages. Meanwhile, he worked full-time at night as a copy editor for the Times-Herald in nearby
Washington, DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan ...
. One of his colleagues, an inquiring photographer for the newspaper, was Jackie Lee Bouvier (later Kennedy Onassis). Following his discharge, Ginzburg worked briefly at
NBC The National Broadcasting Company (NBC) is an Television in the United States, American English-language Commercial broadcasting, commercial television network, broadcast television and radio network. The flagship property of the NBC Enterta ...
, then joined Look magazine as circulation promotion manager. He also worked for
Reader's Digest ''Reader's Digest'' is an American general-interest family magazine, published ten times a year. Formerly based in Chappaqua, New York, it is now headquartered in midtown Manhattan. The magazine was founded in 1922 by DeWitt Wallace and his wi ...
,
Collier's ''Collier's'' was an American general interest magazine founded in 1888 by Peter Fenelon Collier. It was launched as ''Collier's Once a Week'', then renamed in 1895 as ''Collier's Weekly: An Illustrated Journal'', shortened in 1905 to ''Collie ...
, and, as he put it, "other pillars of communications industry respectability". An article he wrote during his spare time, "An Unhurried View of Erotica", impressed
Esquire Esquire (, ; abbreviated Esq.) is usually a courtesy title. In the United Kingdom, ''esquire'' historically was a title of respect accorded to men of higher social rank, particularly members of the landed gentry above the rank of gentlema ...
's publisher
Arnold Gingrich Arnold W. Gingrich (December 5, 1903 – July 9, 1976) was the editor of, and, along with publisher David A. Smart and Henry L. Jackson, co-founder of ''Esquire'' magazine. Among his other projects was the political/newsmagazine ''Ken''. Influenc ...
, and therefore he was offered a job as articles editor at Esquire. During his times there, he expanded the article to a 20,000-word manuscript and published it as a book. This rather scholarly seeming book explored an ostensible undercurrent of pornography that runs throughout English literature. Beginning with a manuscript given by Leofric,
Bishop of Exeter The Bishop of Exeter is the ordinary of the Church of England Diocese of Exeter in the Province of Canterbury. Since 30 April 2014 the ordinary has been Robert Atwell.
, to his cathedral in 1070 through to the outright pornographic work of the 1950s, ''An Unhurried View'' examines examples of English erotic literature in an interpretive and explanatory context. The end of the book includes a bibliography of 100 titles. He convinced the notable psychoanalyst
Theodor Reik Theodor Reik (; 12 May 1888, in Vienna, Austria – 31 December 1969, in New York) was a psychoanalyst who trained as one of Freud's first students in Vienna, Austria, and was a pioneer of lay analysis in the United States. Education and career ...
to write the introduction.The book sold more than 125,000 copies in hardback and over 200,000 in print, showing Ginzburg a large potential market for this kind of publication as well as his talents in the mailing business.Powe, J. (2010). "The Obscenity Bargain: Ralph Ginzburg for Fanny Hill". ''Journal of Supreme Court History'', ''35''(2), 166–176. In August 1961, Ginzburg managed to conduct an extensive interview of 18-year-old
Bobby Fischer Robert James Fischer (March 9, 1943January 17, 2008) was an American chess grandmaster and the eleventh World Chess Champion. A chess prodigy, he won his first of a record eight US Championships at the age of 14. In 1964, he won with an 11 ...
. Ginzburg said he got in touch with Fischer by simply giving Fischer's older sister Joan a call, and he "got along well" with Fischer. He sold the interview, entitled
Portrait of a Genius As a Young Chess Master
to ''
Harper's Magazine ''Harper's Magazine'' is a monthly magazine of literature, politics, culture, finance, and the arts. Launched in New York City in June 1850, it is the oldest continuously published monthly magazine in the U.S. (''Scientific American'' is older, b ...
'', which published it in January 1962. The interview of the reclusive chess genius became one of the most famous interviews in history, especially among chess players, and has gained great popularity ever since, partly as the first public indication of Fischer's paranoia and critical behaviours. However, Bobby Fischer himself hated the article and denied most of it, claiming that it was not even a remotely accurate representation of his actual statements or his life,Brady, F. (2011). ''Endgame: Bobby Fischer's Remarkable Rise and Fall – from America's Brightest Prodigy to the Edge of Madness''. Broadway Books. while Ralph Ginzburg destroyed all of the research materials that would have backed his interview. The interview made young Fischer furious and "created a distrust of reporters", and therefore it became practically the last formal interview Fischer ever gave, which ironically added to its popularity. After he finally saved enough money to rent his own office—a fifth-floor walk-up in an old
Manhattan Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
office building, Ginzburg published his first self-published book, ''100 Years of Lynchings'' in 1962, a collection of newspaper accounts that directly exposed the history and the status quo of American racism. The book was a sign that Ginzburg had wed his business to his interest in
social activism Activism (or Advocacy) consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived greater good. Forms of activism range fro ...
, and it was regularly adapted by African American studies as one of the primary pedagogical materials to show the harsh nature of pre-civil-rights race relations in America. During this period Ginzburg also published Liaison, a biweekly newsletter, and "The Housewife's Handbook on Selective Promiscuity" by
Lillian Maxine Serett Lillian Maxine Serett (1924–1994), also known as Maxine Sanini and Maxine Savant, born Lillian Maxine Harrison in Groveton, Texas, January 28, 1924, an author and lecturer on sex and sex techniques. She is best known as the author of ''The House ...
, writing as Rey Anthony. Ginzburg's most famous publication, Eros, a high-priced magazine of classy erotica, was launched in 1962 too, and only four issues were published before he was indicted on charges of violating federal obscenity laws and had to stop publishing the quarterly. He was found guilty by
the Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
eventually and sentenced to five years in prison. (He was released after eight months.) Ginzburg's next publication was Fact, a political journal with a muckraking bent, published between January 1964 and August 1967. The magazine cost him another famous lawsuit after he published a special issue claiming that Senator Barry Goldwater, the Republican presidential candidate that year, was psychologically unfit for the office. He lost the lawsuit again and had to pay $1 in compensatory damages and $75,000 in punitive damages to Senator Goldwater. From 1968 to 1971, Ginzburg published
Avant Garde The avant-garde (; In 'advance guard' or 'vanguard', literally 'fore-guard') is a person or work that is experimental, radical, or unorthodox with respect to art, culture, or society.John Picchione, The New Avant-garde in Italy: Theoretical De ...
, an art and culture magazine with graphic and logogram designed by Herb Lubalin, and the logo font of the magazine later gave birth to a well-known typeface of the same name. Avant Garde focused on radical politics and stopped publication when Ginzburg started serving his sentence in 1972. (He wrote "Castrated: My Eight Months in a Federal Prison" to describe his time in prison.) Although he tried to revive it as a tabloid newspaper with his wife after his release from prison, his attempt failed and the new Avant Garde lasted only one issue. The failure to revive Avant Garde and the lost lawsuit drove Ginzburg to the brink of bankruptcy, but he was saved by the success of his next periodical, the biweekly consumer adviser Moneysworth, which meant to resemble
Consumer Reports Consumer Reports (CR), formerly Consumers Union (CU), is an American nonprofit consumer organization dedicated to independent product testing, investigative journalism, consumer-oriented research, public education, and consumer advocacy. Founded ...
and presumably netted 2 to 3 million a year in rentals.Heidenry, J. (2002). ''What Wild Ecstasy''. Simon and Schuster. Apart from publishing and editing, Ginzburg continued to be an activist. In 1968, Ginzburg signed the "
Writers and Editors War Tax Protest Tax resistance, the practice of refusing to pay taxes that are considered unjust, has probably existed ever since rulers began imposing taxes on their subjects. It has been suggested that tax resistance played a significant role in the collapse of ...
" pledge, vowing to refuse tax payments in protest against
the Vietnam War The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
. Ginzburg's interest in activism also extended to opposing
circumcision Circumcision is a surgical procedure, procedure that removes the foreskin from the human penis. In the most common form of the operation, the foreskin is extended with forceps, then a circumcision device may be placed, after which the foreskin ...
. In 1986, he founded Outlaw Unnecessary Circumcision in Hospitals (O.U.C.H.), a
non-profit organisation A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
against circumcision, striving to stop health insurance companies from funding circumcision surgery and therefore lowering the rate of American baby boys being circumcised. When Ginzburg turned 55, he retired from publishing and started a second career as a
photojournalist Photojournalism is journalism that uses images to tell a news story. It usually only refers to still images, but can also refer to video used in broadcast journalism. Photojournalism is distinguished from other close branches of photography (such ...
. He became a freelance photographer for
The New York Post The ''New York Post'' (''NY Post'') is a conservative daily tabloid newspaper published in New York City. The ''Post'' also operates NYPost.com, the celebrity gossip site PageSix.com, and the entertainment site Decider.com. It was established ...
, specialising in New York scenes. His last book, ''I Shot New York'', consisted of images he took of life in New York City on 365 consecutive days. Ralph Ginzburg died of
multiple myeloma Multiple myeloma (MM), also known as plasma cell myeloma and simply myeloma, is a cancer of plasma cells, a type of white blood cell that normally produces antibodies. Often, no symptoms are noticed initially. As it progresses, bone pain, an ...
, a cancer of the bones in 2006. He was 76.


''Eros Magazine''

In 1962, Ginzburg began publication of his first major work, ''
Eros In Greek mythology, Eros (, ; grc, Ἔρως, Érōs, Love, Desire) is the Greek god of love and sex. His Roman counterpart was Cupid ("desire").''Larousse Desk Reference Encyclopedia'', The Book People, Haydock, 1995, p. 215. In the earli ...
'', which was a quarterly hardbound periodical containing articles and photo-essays on love and sex.
Herb Lubalin Herbert F. Lubalin (; March 17, 1918 – May 24, 1981) was an American graphic designer. He collaborated with Ralph Ginzburg on three of Ginzburg's magazines: ''Eros'', ''Fact'', and ''Avant Garde''. He designed the typeface, ITC Avant Garde, ...
was the art director and second on the masthead. It was named after the Greek god of love and desire,
Eros In Greek mythology, Eros (, ; grc, Ἔρως, Érōs, Love, Desire) is the Greek god of love and sex. His Roman counterpart was Cupid ("desire").''Larousse Desk Reference Encyclopedia'', The Book People, Haydock, 1995, p. 215. In the earli ...
. The publication was bound in cardboard in a 13" x 10" format, averaging about 90 pages in length. Only four issues of Eros were published. Ginzburg attempted to get mailing privileges from postmasters at
Blue Ball Blue is one of the three primary colours in the RYB colour model (traditional colour theory), as well as in the RGB (additive) colour model. It lies between violet and cyan on the spectrum of visible light. The eye perceives blue when obse ...
and
Intercourse, Pennsylvania Intercourse is an unincorporated area, unincorporated community and census-designated place (CDP) in Leacock Township, Lancaster County, Pennsylvania, Leacock Township, Lancaster County, Pennsylvania, Lancaster County, in the U.S. state of Pennsyl ...
, but was declined because the anticipated volume was more than what the post office of these two small towns could handle, and therefore at last Ginzburg settled to send his magazines from
Middlesex, New Jersey Middlesex is a borough in Middlesex County, New Jersey, United States. It is located within the Raritan Valley region. As of the 2010 United States Census, the borough's population was 13,635, According to Ginzburg, ''Eros'' was published as "the result of recent court decisions that have realistically interpreted America's obscenity law that has given this country a new breath of freedom of expression". Pushing and testing the boundaries of censorship after the case of
Roth v. United States ''Roth v. United States'', 354 U.S. 476 (1957), along with its companion case ''Alberts v. California'', was a landmark decision of the Supreme Court of the United States which redefined the Constitutional test for determining what constitutes o ...
,Navasky, V. S. (2013). ''Kennedy justice''. Open Road Media. Ginzburg made the best of such freedom and devoted the magazine to "the joys of love and sex", making Eros entertaining at the first glance. The third issue of Eros published of a collection of nude pictures of
Marilyn Monroe Marilyn Monroe (; born Norma Jeane Mortenson; 1 June 1926 4 August 1962) was an American actress. Famous for playing comedic " blonde bombshell" characters, she became one of the most popular sex symbols of the 1950s and early 1960s, as wel ...
, taken by the
Bert Stern Bertram Stern (October 3, 1929 – June 26, 2013) was an American commercial photographer. Biography Stern was the son of Jewish immigrants and grew up in Brooklyn. His father worked as a children's portrait photographer. After dropping out of h ...
during the shoot famously known as "The Last Sitting" six weeks before she died, and those photos were among the most famous Monroe images ever recorded. Meanwhile, Eros, in fact, contained more sophisticated and critical subtexts. It offered a wide cover of sexuality in history, politics, art and literature. With his good taste of writing and editorial talents, Ginzburg presented a careful selection of articles in Eros, including works written by big-name authors like
Guy de Maupassant Henri René Albert Guy de Maupassant (, ; ; 5 August 1850 – 6 July 1893) was a 19th-century French author, remembered as a master of the short story form, as well as a representative of the Naturalist school, who depicted human lives, destin ...
and
Allen Ginsberg Irwin Allen Ginsberg (; June 3, 1926 – April 5, 1997) was an American poet and writer. As a student at Columbia University in the 1940s, he began friendships with William S. Burroughs and Jack Kerouac, forming the core of the Beat Gener ...
, while giving out social activism messages such as liberation from excess repression, desacralising democratisation of art, race equality, anti-war and so on. The design of Eros by Herb Lubalin has also made it a clean, elegant literary and lithographic work of art "suitable for coffee table". It has an elegantly oversized format and printed on both matte and glossy paper, and with hardback covers, making it more like a book rather than a quarterly magazine. The selection of arts in the magazine also emphasised the great taste of Ginsburg and Lubalin. Art that addressed the extent to which the erotic was a theme, throughout the ages, by major painters and sculptors, were shown in Eros, along with bold and sensitive layouts for photographic portfolios by modern photographers. Eros magazine is significant in American publishing history as it covered and helped to incite the
sexual revolution The sexual revolution, also known as the sexual liberation, was a social movement that challenged traditional codes of behavior related to sexuality and interpersonal relationships throughout the United States and the developed world from the 1 ...
, while it also contributed to the formation of
counter-culture A counterculture is a culture whose values and norms of behavior differ substantially from those of mainstream society, sometimes diametrically opposed to mainstream cultural mores.Eric Donald Hirsch. ''The Dictionary of Cultural Literacy''. Hou ...
in the late 1960s.


Issues


No. 1 (Spring, 1962)

The cover was mustard-coloured and featured "an embossed playing card of
Bluebeard "Bluebeard" (french: Barbe bleue, ) is a French folktale, the most famous surviving version of which was written by Charles Perrault and first published by Barbin in Paris in 1697 in ''Histoires ou contes du temps passé''. The tale tells the st ...
and one of his maids". The issue included short stories by
Ray Bradbury Ray Douglas Bradbury (; August 22, 1920June 5, 2012) was an American author and screenwriter. One of the most celebrated 20th-century American writers, he worked in a variety of modes, including fantasy, science fiction, horror, mystery, and r ...
and
Guy de Maupassant Henri René Albert Guy de Maupassant (, ; ; 5 August 1850 – 6 July 1893) was a 19th-century French author, remembered as a master of the short story form, as well as a representative of the Naturalist school, who depicted human lives, destin ...
, an extract from
Eric Partridge Eric Honeywood Partridge (6 February 1894 – 1 June 1979) was a New Zealand–British lexicographer of the English language, particularly of its slang. His writing career was interrupted only by his service in the Army Education Corps and ...
's "vulgar dictionary" and poems by
John Wilmot, 2nd Earl of Rochester John Wilmot, 2nd Earl of Rochester (1 April 1647 – 26 July 1680) was an English poet and courtier of King Charles II's Restoration court. The Restoration reacted against the "spiritual authoritarianism" of the Puritan era. Rochester embodie ...
.


No. 2 (Summer, 1962)

The cover of No. 2 pictured a young couple in swimsuits, kissing passionately; it was printed in two colours, black and greenish-yellow, with a red-orange logo. The inside covers repeated the theme in red (front) and blue (back). It featured
photo essay A photographic essay or photo-essay for short is a form of visual storytelling, a way to present a narrative through a series of images. A photo essay delivers a story using a series of photographs and brings the viewer along a narrative journey. E ...
s about
John F Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination i ...
, French prostitutes and erotic statues in India, the first publication in a magazine of
Mark Twain Samuel Langhorne Clemens (November 30, 1835 – April 21, 1910), known by his pen name Mark Twain, was an American writer, humorist, entrepreneur, publisher, and lecturer. He was praised as the "greatest humorist the United States has p ...
's short story "
1601 This Epoch (reference date)#Computing, epoch is the beginning of the 400-year Gregorian leap-year cycle within which digital files first existed; the last year of any such cycle is the only leap year whose year number is divisible by 100. Jan ...
" and "an antique patent submission for a male chastity belt".


No. 3 (Autumn, 1962)

Issue No. 3 was centred on an 18-page photo shoot of the recently deceased
Marilyn Monroe Marilyn Monroe (; born Norma Jeane Mortenson; 1 June 1926 4 August 1962) was an American actress. Famous for playing comedic " blonde bombshell" characters, she became one of the most popular sex symbols of the 1950s and early 1960s, as wel ...
(the pictures were taken by
Bert Stern Bertram Stern (October 3, 1929 – June 26, 2013) was an American commercial photographer. Biography Stern was the son of Jewish immigrants and grew up in Brooklyn. His father worked as a children's portrait photographer. After dropping out of h ...
six weeks before her death). It also featured a piece by
Bonnie Prudden Bonnie Prudden ( Ruth Alice Prudden; January 29, 1914 – December 11, 2011) was an American physical fitness pioneer, rock climber and mountaineer. Her report to Eisenhower on the unfitness of American children as compared with their European co ...
, an extract from ''
Fanny Hill ''Memoirs of a Woman of Pleasure''—popularly known as ''Fanny Hill''—is an erotic novel by English novelist John Cleland first published in London in 1748. Written while the author was in debtors' prison in London,Wagner, "Introduction", ...
'' and an article on
Samuel Roth Samuel Roth (1893–1974) was an American publisher and writer. Described as an "all-around schemer", he was the plaintiff in ''Roth v. United States'' (1957). The case was a Supreme Court ruling on freedom of sexual expression and whose minor ...
.


No. 4 (Winter, 1962)

This issue published a letter by
Allen Ginsberg Irwin Allen Ginsberg (; June 3, 1926 – April 5, 1997) was an American poet and writer. As a student at Columbia University in the 1940s, he began friendships with William S. Burroughs and Jack Kerouac, forming the core of the Beat Gener ...
, a profile of
Frank Harris Frank Harris (14 February 1855 – 26 August 1931) was an Irish-American editor, novelist, short story writer, journalist and publisher, who was friendly with many well-known figures of his day. Born in Ireland, he emigrated to the United State ...
, and 'an eight-page "photographic tone poem"' titled "Black and White in Color", featuring a nude couple, but with no pubic parts shown, with an
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...
man and a
European-American European Americans (also referred to as Euro-Americans) are Americans of European ancestry. This term includes people who are descended from the first European settlers in the United States as well as people who are descended from more recent Eu ...
girl. It has been contended that the magazine was persecuted on
racist Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
grounds, under the wave of mass racial violence in the South of the United States, and that there would have been no such persecution if the photos had featured a couple of the same color.


Ginzburg v. United States


Trials in lower courts

Attorney General
Robert Kennedy Robert Francis Kennedy (November 20, 1925June 6, 1968), also known by his initials RFK and by the nickname Bobby, was an American lawyer and politician who served as the 64th United States Attorney General from January 1961 to September 1964, a ...
was offended by the Eros after the second issue was published, which contained a
photo-essay A photographic essay or photo-essay for short is a form of visual storytelling, a way to present a narrative through a series of images. A photo essay delivers a story using a series of photographs and brings the viewer along a narrative journey. E ...
of the phenomenon of female reaction to President
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
(brother of Robert Kennedy), in the run-up to the 1960 election. He held off his instinct to prosecute, however, afraid that "it would hurt politically by solidifying Kennedy's image as a puritanical
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
". Meanwhile, while Ginzburg sent out millions of flyers to promote his magazines, both local and federal prosecutors received complaints from recipients of Ginzburg's mailing, and organisations like The National Office for Decent Literature even encouraged their members to send complaints to post offices.Allyn, D. (2016). ''Make love, not war: the sexual revolution: an unfettered history''. Routledge.Day, J. E. (1966). "Mailing Lists and Pornography". ''American Bar Association Journal'', 1103–1109. At last, the fourth final issue of Eros, with the eight pages of colour photos showing a naked muscular black man and a naked white woman embracing each other, finally convinced Kennedy to authorise prosecution. He was supported by Deputy Attorney General
Nicholas Katzenbach Nicholas deBelleville Katzenbach (January 17, 1922 – May 8, 2012) was an American lawyer who served as United States Attorney General during the Lyndon B. Johnson administration. He previously served as United States Deputy Attorney General u ...
and Solicitor General
Archibald Cox Archibald Cox Jr. (May 17, 1912 – May 29, 2004) was an American lawyer and law professor who served as U.S. Solicitor General under President John F. Kennedy and as a special prosecutor during the Watergate scandal. During his career, he was a p ...
, and Katzenbach believed that they would eventually prosecute Ginzburg because of his continual testing of boundaries of obscenity in his magazine, "so why wait". Ginzburg was first put into charge in racially polarised
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
in 1963 and was indicted for Eros, Liaison and the Housewife's Handbook. Those publications were deemed obscene by the court and Ginzburg was found guilty of 28 violations, sentenced to serve five years and fined totalling $42,000. The Trial Judge, Ralph Body, explained the finding of the court as:
In conclusion, after a thorough reading and review of all the indicted materials, this Court finds that said materials are compilations of sordid narrations dealing with sex, in each case in a manner designed to appeal to prurient interests. They are devoid of theme or ideas. Throughout the pages of each can be found constant repetition of patently offensive words used solely to convey debasing portrayals of natural and unnatural sexual experiences. Each in its own way is a blow to sense, not merely sensibility. They are all dirt for dirt's sake and dirt for money's sake.
Ginzburg appealed, and a year later the
Third Circuit The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * East ...
easily affirmed the decision of the lower court. He appealed again and his case got to the Supreme Court in 1965.


Before the Supreme Court

The Supreme Court could not easily accept Judge Ralph Body's decision that publications of Ginzburg were obscene since it would contradict the position the Court had already taken in the
Roth v. United States ''Roth v. United States'', 354 U.S. 476 (1957), along with its companion case ''Alberts v. California'', was a landmark decision of the Supreme Court of the United States which redefined the Constitutional test for determining what constitutes o ...
, the
Jacobellis v. Ohio ''Jacobellis v. Ohio'', 378 U.S. 184 (1964), was a United States Supreme Court decision handed down in 1964 involving whether the state of Ohio could, consistent with the First Amendment, ban the showing of the Louis Malle film ''The Lovers'' ('' ...
and numerous other similar cases.Semonche, J. E. (1965). "Definitional and Contextual Obscenity: The Supreme Court's New and Disturbing Accommodation". ''UCLA L. Rev.'', ''13'', 1173. Under such consideration and borrowing principles from the Roth case, the Supreme Court carefully assumed that "standing alone, the publications (Eros, Liaison and The Housewife's Handbook on Selective Promiscuity) themselves might not be obscene." To revise the determination of obscenity, the Court introduced a new concept of variable obscenity that "consideration of the setting in which the publications were presented" should be included as an aid to determining the question of obscenity. "Where the purveyor's sole emphasis is on the sexually provocative aspects of his publications, that fact may be decisive in the determination of obscenity" In short, The Court decided that even non-obscene materials can support an obscenity conviction if the motives of sellers contain obscenity and therefore mailing advertisements for obscene material would be considered illegal, even though the material actually sent in response to orders resulting from the advertisement was not obscene itself. The focus of Ginzburg's case was thus shifted to the promotion and distribution of those publications. Ginzburg had sought mailing privileges from postmasters at Blue Ball and Intercourse, Pennsylvania, and the trial court found it obvious that "these hamlets were chosen only for the value their names would have in". His advertisement for his publication was also sexually enticing as he knew that it would best attract the attention of the potential customers, while Mr Justice Brennan saw the "leer of the sensualist" in those advertisements, for "reader would look for titillation, not for saving intellectual content". Therefore, the court concluded that Ginzburg's methods of advertising and distributing were attempts to pander to prurient interests with no redeeming social advantages 0 and obscenity was found according to such motive. The final decision of Ginzburg's fate was reached on March 21, 1966, after a five to four majority affirmed Ginzburg's conviction for violating a federal statute and found him guilty of "commercial exploitation," of "pandering," and of "titillation", crimes he was in fact not charged with. It is noticeable that the court made it clear that though the publications of Ginzburg themselves were protected by
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
, Ginzburg's conduct, attitude, motives were not, and he was in fact found guilty because of his sexually-exciting advertising methods, where First Amendment could not apply according to the court.Dyson, R. B. (1966). "Looking-Glass Law: An Analysis of the Ginzburg Case". ''U. Pitt. L. Rev.'', ''28'', 1. After the loss of his last plea to vacate his conviction (an appeals court earlier reduce his sentence from five to three), Ginzburg started his time in prison in 1972, and was released on parole eight months later, probably thanks to the effort of his supporters including novelist Sloan Wilson.


Contributing factors to Ginzburg's conviction

Ralph Ginzburg was quickly put up on charges and convicted partly because he was responsible for not only production (as editor), but also promotion and distribution (as publisher) for Eros, Liaison, and the Housewife's Handbook on Selective Promiscuity. When there was no necessity to sort out the responsibility of different parties, any theory of the case could apply to him, just as the Supreme Court has done by shifting focus from the publications themselves to the way Ginzburg promoted them and found him guilty eventually. The quickness of Ginzburg's conviction was also under the influence of
McCarthyism McCarthyism is the practice of making false or unfounded accusations of subversion and treason, especially when related to anarchism, communism and socialism, and especially when done in a public and attention-grabbing manner. The term origin ...
. Kathryn Ganahan, the Chair of the Post Office Operations Subcommittee and Congresswoman of Philadelphia, where Ginzburg was originally put into trial, demanded prosecution of Ginzburg and claimed obscenity was "part of an international communist plot". Released documents from
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
also showed that he was under investigation for suspicion of being a
communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
, and there was even a letter to
J. Edgar Hoover John Edgar Hoover (January 1, 1895 – May 2, 1972) was an American law enforcement administrator who served as the first Director of the Federal Bureau of Investigation (FBI). He was appointed director of the Bureau of Investigation  ...
claiming that Ralph Ginzburg was an influential Communist Party member. Another contributing factor to Ginzburg's being indicted and found guilty was his appearance. When magazines are typically deemed as an extension of their editors, and editors would be considered as representatives of ideal readers of the magazines, the appearance of Ralph Ginzburg effectively made for a bad impression of his magazine, especially when his magazines were about sex. He looked exactly like Central Casting's idea of a pornographer: "shady, you might say shifty, with a thin, sallow face and a small mustache". Paul Bender, former clerk for Justice Felix Frankfurter, who argued on behalf of the government in the case, described Ginzburg as "a smut peddler". Unlike Hefner of
Playboy ''Playboy'' is an American men's lifestyle and entertainment magazine, formerly in print and currently online. It was founded in Chicago in 1953, by Hugh Hefner and his associates, and funded in part by a $1,000 loan from Hefner's mother. K ...
, he wasn't selling himself as the face of his magazine, yet his appearance implied that the magazines would be of lower interest and not, in fact, more upscale with an artistic taste. On the other hand, his appearance also kept him from gaining more supporters during and after the trial. To borrow from
Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitution ...
, Chief Justice of the Supreme Court during the period of Ginzburg's case, Ginzburg lost because he was as unattractive a First Amendment claimant as possible.


Reception of the conviction of Ginzburg

First Amendment advocates including
IF Stone Isidor Feinstein "I. F." Stone (December 24, 1907 – June 18, 1989) was an American investigative journalist, writer, and author. Known for his politically progressive views, Stone is best remembered for ''I. F. Stone's Weekly'' (1953–1971), ...
, Sloan Wilson and
Arthur Miller Arthur Asher Miller (October 17, 1915 – February 10, 2005) was an American playwright, essayist and screenwriter in the 20th-century American theater. Among his most popular plays are '' All My Sons'' (1947), ''Death of a Salesman'' ( ...
protested Ginzburg's conviction. Commenting on the case and Ginzburg's conviction, Arthur Miller had concluded in the late 1960s:


''fact:'' (magazine)

From January 1964 to August 1967, Ginzburg published a quarterly magazine named '' fact:'', which could be characterized as a humorous, scathingly satiric journal of comment on current society and politics. ''fact:'' had surprisingly little erotic content. Rather, it contained articles such as ''1189 Psychiatrists Say Barry Goldwater is Unfit for the Presidency''. The Goldwater article purported to find the senator paranoid, sexually insecure, suicidal, and "grossly psychotic." Goldwater later sued and won the suit. One of the editors of ''fact:'' was
Robert Anton Wilson Robert Anton Wilson (born Robert Edward Wilson; January 18, 1932 – January 11, 2007) was an American author, futurist, psychologist, and self-described agnostic mystic. Recognized within Discordianism as an Episkopos, pope and saint, Wilson ...
, a prolific science fiction author whose works include the ''Illuminatus!'' series.


''Avant Garde''

From January, 1968 through July, 1971, Ginzburg published ''Avant Garde'', a handsome softbound periodical. Ginzburg's age and federal conviction had calmed him down some by this time: ''Avant Garde'' could not be termed obscene, but was filled with creative imagery often caustically critical of American society and government, as well as sexual themes and (for the time) crude language. One cover featured a naked pregnant woman; another had a parody of Willard's famous patriotic painting, " The Spirit of '76", with a white woman and a black man. ''Avant Garde'' had a modest circulation but was extremely popular in certain circles, including New York's advertising and editorial art directors. Herbert F. Lubalin (1918–1981), a post-modern design guru, was Ginzburg's collaborator on his four best-known magazines, including ''Avant Garde'', which in turn gave birth to a well-known typeface of the same name. It was originally intended primarily for use as in logos, with the first version consisting solely of 26 capital letters. Inspired by Ginzburg and his wife, Lubalin's design was rendered by his assistants and Tom Carnase, one of Lubalin's partners. It is characterized by geometrically perfect round strokes and short, straight lines, with an extremely large number of ligatures and negative kerning. The
International Typeface Corporation The International Typeface Corporation (ITC) was a type manufacturer founded in New York in 1970 by Aaron Burns, Herb Lubalin and Edward Rondthaler. The company was one of the world's first type foundries to have no history in the production of me ...
(ITC), of which Lubalin was a founder, subsequently released a full version in 1970.


List of publications


Books

* '' An Unhurried View of Erotica, etc.'' by Ralph Ginzburg; introduction by
Theodor Reik Theodor Reik (; 12 May 1888, in Vienna, Austria – 31 December 1969, in New York) was a psychoanalyst who trained as one of Freud's first students in Vienna, Austria, and was a pioneer of lay analysis in the United States. Education and career ...
; preface by
George Jean Nathan George Jean Nathan (February 14, 1882 – April 8, 1958) was an American drama critic and magazine editor. He worked closely with H. L. Mencken, bringing the literary magazine ''The Smart Set'' to prominence as an editor, and co-founding and ...
(New York: Helmsman Press, 1959. ) * '' 100 Years of Lynchings'' edited by Ralph Ginzburg (New York:
Lancer Books Lancer Books was a publisher of paperback books founded by Irwin Stein and Walter Zacharius that operated from 1961 through 1973. While it published stories of a number of genres, it was noted most for its science fiction and fantasy, particularl ...
, 1962); Baltimore, MD
Black Classic Press
1988. . * '' The Housewife's Handbook on Selective Promiscuity'' by Rey Anthony (real name Maxine Sanini), published by Ralph Ginzburg (New York: Documentary Books, 1962. ) * '' Eros on Trial: "A Portfolio of The Most Beautiful Art From Eros"'' by Ralph Ginzburg (New York: Book Division of Fact Magazine, 1966. ) * '' The Best of Fact'' edited by Ralph Ginzburg and
Warren Boroson Warren Boroson (born January 22, 1935) is an American author and journalist. He has written over 20 books, including ''How to Pick Stocks Like Warren Buffett'', ''Keys to Investing in Mutual Funds'' and ''How to Buy a House for Nothing (or Little ...
(New York:
Trident Press Simon & Schuster () is an American publishing company and a subsidiary of Paramount Global. It was founded in New York City on January 2, 1924 by Richard L. Simon and M. Lincoln Schuster. As of 2016, Simon & Schuster was the third largest publ ...
, 1967, ) * '' Castrated: My Eight Months in Prison'' (New York: Avant-Garde Books, 1973, . ) * '' I Shot New York'', photographs by Ralph Ginzburg; foreword by
George Plimpton George Ames Plimpton (March 18, 1927 – September 25, 2003) was an American writer. He is widely known for his sports writing and for helping to found ''The Paris Review'', as well as his patrician demeanor and accent. He was also known for " ...
; captions by Shoshana Ginzburg (New York:
Harry Abrams Abrams, formerly Harry N. Abrams, Inc. (HNA), is an American publisher of art and illustrated books, children's books, and stationery. The enterprise is a subsidiary of the French publisher La Martinière Groupe. Run by President and CEO Michae ...
, 1999, . )


Magazines

* ''Eros'' published by Eros Magazine, Inc., New York (Vol. I, Nos. 1–4, 1962) * ''Moneysworth'' published by Avant-Garde Media, Inc. * ''Fact'' published by Fact Magazine, Inc, New York, (Vol. I–IV, Jan. 1964 to Aug. 1967) * ''Avant Garde'' published by Avant-Garde Media, Inc.


References


External links


Eros Unbound by Ginzburg



United States of America, v. Ralph Ginzburg,338 F.2d 12 (3d Cir. 1964)




{{DEFAULTSORT:Ginzburg, Ralph 1929 births 2006 deaths American people of Russian-Jewish descent Adult magazine publishers (people) American magazine editors American magazine founders American tax resisters Deaths from multiple myeloma Obscenity controversies in literature Journalists from New York City People convicted of obscenity New Utrecht High School alumni