Malcolm X's diary: Can it be published without his family's permission?
Most diaries might be considered private 鈥� but what about Malcolm X鈥檚 diary? What is private and what is considered 鈥渙n the public record?鈥�
That question is at the heart of a legal dispute pitting Malcolm X鈥檚 family against a book publisher planning to publish parts of the late civil rights leader鈥檚 diary.
Later this week , a Chicago-based publisher, plans to publish 鈥�,鈥� a reproduction of a private diary the leader kept during the final year of his life as he traveled to the Middle East and Africa, just before he was assassinated.
But Malcolm X鈥檚 family has filed a trademark infringement lawsuit in a Manhattan federal court alleging Third World Press does not have the right to publish the diary, according to the .
鈥淴 Legacy [Malcom X鈥檚 estate] was created by the heirs of Malcolm X to protect and enhance the value of the property held by his estate,鈥� the suit says, adding that only X Legacy has rights to publish, reproduce, and distribute his .
Third World Press likely got hold of the copies from the Schomburg Center, where they have been on loan since 2003, and it recently started a crowd-funding campaign through the website to publish and promote its collection, the suit says, adding, 鈥淭WP continues to act as if it鈥檚 entitled to exploit intellectual property it does not own.鈥�
Third World Press vice president, , has said it has the right to publish the diaries, 鈥渘o doubt about it.鈥�
Complicating the situation are two facts: The journals are part of a collection of memorabilia loaned to the New York Public Library by Malcolm X鈥檚 daughters in 2003. And, one of Malcolm X鈥檚 daughters, Ilyassa Shabazz, is a co-editor of the book, along with journalist Herb Boyd. In a video on the publisher鈥檚 website, she says, 鈥淚t鈥檚 really beautiful that we get to see Malcolm in his own voice 鈥� without scholars, historians, or observers saying what he was thinking or what he was doing or what he meant.鈥�
The publisher鈥檚 website says the book 鈥渄escribes the deep emotional connections [Malcolm X] developed during a period that was constantly colored by his prophetic sense of impending tragedy.鈥� The website also says that in his diary, Malcolm X set out a 鈥渦nique action plan for African Americans.鈥�
As put it, 鈥淲hat鈥檚 private and what is privileged to the public? ... nothing is ever off the record. Does that include personal life experience of a historical figure 鈥� and one of such prestige and cloaked anonymity 鈥� as Minister Malcolm?鈥�
The courts and Malcolm X鈥檚 estate may do well to settle the matter now or prepare for more legal battles to come. The year 2015 marks the 50th anniversary of Malcolm X鈥檚 assassination 鈥� a year likely to be chock full of new releases on the civil rights leader.聽
Husna Haq is a Monitor correspondent.
