1 00:00:01,040 --> 00:00:06,160 Speaker 1: You're listening to History on Trial, a production of iHeart Podcasts. 2 00:00:06,720 --> 00:00:16,320 Speaker 1: Listener discretion advised. On the evening of November fifth, nineteen 3 00:00:16,440 --> 00:00:20,880 Speaker 1: fifty four, Florence Cotts got ready for bed as usual, 4 00:00:21,520 --> 00:00:25,479 Speaker 1: a thirty seven year old secretary living on Quiet Wearing 5 00:00:25,600 --> 00:00:30,560 Speaker 1: Avenue in West Hollywood, Los Angeles. Cotts put her curlers in, 6 00:00:31,320 --> 00:00:35,839 Speaker 1: slipped under the covers, and turned off the lights. It 7 00:00:35,960 --> 00:00:39,040 Speaker 1: was a Friday, so maybe she even planned to sleep 8 00:00:39,080 --> 00:00:43,080 Speaker 1: in the next day, but she wouldn't get the chance. 9 00:00:44,440 --> 00:00:48,360 Speaker 1: In the middle of the night, Florence's door exploded inward 10 00:00:48,440 --> 00:00:52,199 Speaker 1: in a shower of wood and glass. Before she could react, 11 00:00:52,280 --> 00:00:55,680 Speaker 1: a group of men rushed in. A blinding light flashed 12 00:00:55,720 --> 00:00:59,720 Speaker 1: in her face. Florence huddled in her bed, paralyzed by 13 00:00:59,760 --> 00:01:05,560 Speaker 1: fear and then nothing. She heard one of the men yell, 14 00:01:06,080 --> 00:01:09,640 Speaker 1: we've got the wrong place. They turned around and ran 15 00:01:09,720 --> 00:01:13,720 Speaker 1: out through her kitchen, breaking glasses and leaving a mess. 16 00:01:14,360 --> 00:01:17,840 Speaker 1: Once she was certain they were gone, Florence called the police, 17 00:01:18,280 --> 00:01:21,600 Speaker 1: who couldn't make heads or tails of the event. It 18 00:01:21,720 --> 00:01:25,000 Speaker 1: must have been an attempted burglary. An officer told the 19 00:01:25,120 --> 00:01:30,120 Speaker 1: terrified woman she was lucky to have escaped unhurt, and 20 00:01:30,200 --> 00:01:33,720 Speaker 1: because she hadn't seen any of the men's faces blinded 21 00:01:33,760 --> 00:01:36,640 Speaker 1: by the bright lights they'd shown, there wasn't much for 22 00:01:36,680 --> 00:01:40,160 Speaker 1: the police to go on. The case wasn't likely to 23 00:01:40,200 --> 00:01:44,080 Speaker 1: get solved. Florence learned she would just have to live 24 00:01:44,240 --> 00:01:48,040 Speaker 1: with the fear. But less than a year later, a 25 00:01:48,240 --> 00:01:51,920 Speaker 1: shocking break in the case arrived from an unusual source 26 00:01:52,720 --> 00:01:58,920 Speaker 1: a tabloid magazine. In September nineteen fifty five, Confidential magazine, 27 00:01:59,240 --> 00:02:03,240 Speaker 1: the tops celebrity scandal sheet in the country, published a 28 00:02:03,400 --> 00:02:07,920 Speaker 1: story about the break in at Florence Cott's apartment. It 29 00:02:08,040 --> 00:02:11,239 Speaker 1: might seem like a strange story for a celebrity magazine 30 00:02:11,240 --> 00:02:15,360 Speaker 1: to care about, but Confidential had good reason. The men 31 00:02:15,400 --> 00:02:19,160 Speaker 1: who had broken into Florence's apartment that night, the article claimed, 32 00:02:19,760 --> 00:02:31,160 Speaker 1: were none other than Frank Sinatra and Joe DiMaggio. In 33 00:02:31,200 --> 00:02:34,919 Speaker 1: the article titled the Real Reason for Marilyn Monroe's Divorce, 34 00:02:35,480 --> 00:02:39,000 Speaker 1: Confidential explained how the famous singer and the Yankee star 35 00:02:39,160 --> 00:02:42,639 Speaker 1: had come to be there. Florence Cotts, it turned out, 36 00:02:43,160 --> 00:02:46,360 Speaker 1: lived in the same small apartment building as one of 37 00:02:46,440 --> 00:02:52,639 Speaker 1: Marilyn Monroe's friends, an actress named Sheila Stewart, Joe DiMaggio, 38 00:02:52,880 --> 00:02:57,040 Speaker 1: still reeling from his in Monroe's divorce, had become convinced 39 00:02:57,040 --> 00:03:00,360 Speaker 1: that Monroe was using Stuart's apartment to meet with the 40 00:03:00,400 --> 00:03:04,160 Speaker 1: man he thought Monroe had left him for. Acting on 41 00:03:04,280 --> 00:03:08,679 Speaker 1: information from the private investigator he'd hired and likely fueled 42 00:03:08,720 --> 00:03:12,720 Speaker 1: by more than a few drinks, DiMaggio had enlisted some friends, 43 00:03:12,840 --> 00:03:16,720 Speaker 1: including Sinatra, to help him catchman Row in the act. 44 00:03:17,760 --> 00:03:20,960 Speaker 1: It was a sloppy plan, and it had unsurprisingly gone 45 00:03:21,200 --> 00:03:24,920 Speaker 1: very wrong. Instead of going into Sheila Stuart's apartment on 46 00:03:25,000 --> 00:03:28,320 Speaker 1: the second floor, the group had broken into the first 47 00:03:28,320 --> 00:03:32,680 Speaker 1: floor home of Florence Cotts. So Florence finally got some 48 00:03:32,840 --> 00:03:36,720 Speaker 1: answers about what had happened to her that night, and 49 00:03:36,880 --> 00:03:42,800 Speaker 1: she eventually got some reparations. She sued DiMaggio, Sinatra, and 50 00:03:42,880 --> 00:03:47,080 Speaker 1: the other men and got a settlement. But the story 51 00:03:47,160 --> 00:03:50,240 Speaker 1: of the Wrong Door Raid, as it came to be known, 52 00:03:50,880 --> 00:03:56,360 Speaker 1: was far from over because California officials had some questions 53 00:03:56,440 --> 00:04:01,240 Speaker 1: about how Confidential magazine had gotten their story. In February 54 00:04:01,400 --> 00:04:06,600 Speaker 1: nineteen fifty seven, California State Senator Fred Graft held a 55 00:04:06,720 --> 00:04:10,680 Speaker 1: series of hearings to determine if Confidential had gotten the 56 00:04:10,800 --> 00:04:15,200 Speaker 1: story by paying off a private investigator. You might be 57 00:04:15,280 --> 00:04:19,440 Speaker 1: wondering why would a state legislature care where a scandal 58 00:04:19,480 --> 00:04:24,800 Speaker 1: magazine got its stories from. Well, Confidential Magazine wasn't just 59 00:04:25,080 --> 00:04:29,479 Speaker 1: any scandal magazine. It was one of the most powerful 60 00:04:29,520 --> 00:04:32,960 Speaker 1: publications in the country, with a reader base in the 61 00:04:33,080 --> 00:04:36,960 Speaker 1: millions and the ability to ruin a star's career with 62 00:04:37,040 --> 00:04:42,440 Speaker 1: a few carefully worded sentences. People all across America worried 63 00:04:42,520 --> 00:04:48,320 Speaker 1: that Confidential's salacious content would corrupt the country's youth. In California, 64 00:04:48,440 --> 00:04:52,840 Speaker 1: politicians and entertainment executives worried that its shocking stories would 65 00:04:52,839 --> 00:04:57,520 Speaker 1: destroy the lucrative movie industry, and so by nineteen fifty seven, 66 00:04:58,120 --> 00:05:01,000 Speaker 1: the studios and the government were lo looking for ways 67 00:05:01,040 --> 00:05:05,880 Speaker 1: to take the magazine down. The state Senate hearings into 68 00:05:05,920 --> 00:05:09,320 Speaker 1: the Wrong Door Raids story were only the first step. 69 00:05:10,520 --> 00:05:14,440 Speaker 1: Three months later, in May nineteen fifty seven, a grand 70 00:05:14,600 --> 00:05:19,159 Speaker 1: jury convened by the ambitious California Attorney General Pat Brown, 71 00:05:19,600 --> 00:05:25,279 Speaker 1: indicted Confidential, along with several key employees and partner businesses, on, 72 00:05:25,680 --> 00:05:30,680 Speaker 1: among other things, charges of conspiracy to commit criminal libel 73 00:05:31,080 --> 00:05:37,160 Speaker 1: and conspiracy to publish obscene and indecent material For years, 74 00:05:37,360 --> 00:05:42,279 Speaker 1: Confidential had held Hollywood hostage, using a network of informants 75 00:05:42,320 --> 00:05:46,520 Speaker 1: to dig up dirt on America's biggest celebrities. But now 76 00:05:46,560 --> 00:05:50,360 Speaker 1: Hollywood was fighting back with the assistance of the government. 77 00:05:51,520 --> 00:05:54,719 Speaker 1: The ensuing trial would put the right of freedom of 78 00:05:54,760 --> 00:05:59,960 Speaker 1: the press into question because Confidential stories were nasty, no doubt, 79 00:06:00,720 --> 00:06:05,360 Speaker 1: but the magazine would claim they were all true, and 80 00:06:05,400 --> 00:06:09,479 Speaker 1: could publishing the truth, no matter how indecent, ever be 81 00:06:09,600 --> 00:06:16,120 Speaker 1: a crime. Americans were about to find out. Welcome to 82 00:06:16,240 --> 00:06:20,760 Speaker 1: History on trial. I'm your host, Mira Hayward. This week 83 00:06:21,080 --> 00:06:31,960 Speaker 1: the State of California v. Confidential. Confidentials creator and publisher 84 00:06:32,160 --> 00:06:36,680 Speaker 1: Robert Harrison was no stranger to scandal. After coming up 85 00:06:36,720 --> 00:06:40,240 Speaker 1: as a reporter for the New York Gossip Rags, Harrison 86 00:06:40,279 --> 00:06:43,839 Speaker 1: had gone into business for himself, creating a number of 87 00:06:43,920 --> 00:06:49,600 Speaker 1: so called girly magazines, publications filled with images of scantily 88 00:06:49,760 --> 00:06:54,719 Speaker 1: clad women. Harrison was a hands on magazine executive, regularly 89 00:06:54,760 --> 00:06:58,720 Speaker 1: acting as a photographer for his magazines and sometimes even 90 00:06:58,760 --> 00:07:02,680 Speaker 1: posing in photos himself. He was also an ambitious man. 91 00:07:03,240 --> 00:07:06,680 Speaker 1: When his girly magazines failed to make ends meet, Harrison 92 00:07:06,720 --> 00:07:10,480 Speaker 1: began casting around for a new, more profitable concept, and 93 00:07:10,560 --> 00:07:15,560 Speaker 1: he found it on television. Throughout nineteen fifty and nineteen 94 00:07:15,640 --> 00:07:19,320 Speaker 1: fifty one, a Senate committee led by Senator estes Ki 95 00:07:19,400 --> 00:07:23,640 Speaker 1: Fauver investigated the state of organized crime in America in 96 00:07:23,720 --> 00:07:27,640 Speaker 1: a series of hearings that were broadcast live on television. 97 00:07:28,480 --> 00:07:32,840 Speaker 1: Americans were glued to their TV screens as a procession 98 00:07:32,920 --> 00:07:37,440 Speaker 1: of mobsters testified in front of the committee. The March 99 00:07:37,600 --> 00:07:42,160 Speaker 1: nineteen fifty one hearing in New York attracted an estimated 100 00:07:42,440 --> 00:07:48,320 Speaker 1: thirty million viewers. Harrison was also inspired by the Confidential 101 00:07:48,440 --> 00:07:51,400 Speaker 1: series of books, which came out between nineteen forty eight 102 00:07:51,480 --> 00:07:55,800 Speaker 1: and nineteen fifty two and profiled different American cities New 103 00:07:55,880 --> 00:08:01,080 Speaker 1: York Confidential, Chicago Confidential, and so on. The Confidential series 104 00:08:01,200 --> 00:08:04,520 Speaker 1: claimed to reveal what was really happening in these cities. 105 00:08:05,080 --> 00:08:08,840 Speaker 1: The books shocked their readers with depictions of crime, sex, 106 00:08:08,920 --> 00:08:13,720 Speaker 1: and debauchery happening allegedly in the heart of every city. 107 00:08:15,120 --> 00:08:18,960 Speaker 1: They had a distinct point of view, As historian and 108 00:08:19,040 --> 00:08:22,160 Speaker 1: law professor Samantha Barbis puts it in her book on 109 00:08:22,240 --> 00:08:30,200 Speaker 1: the magazine Confidential Confidential, the Confidential books were racist, sexist, homophobic, 110 00:08:30,600 --> 00:08:36,360 Speaker 1: and largely false. They were also best sellers. Seeing the 111 00:08:36,400 --> 00:08:39,920 Speaker 1: public interest in the Key Father hearings and the Confidential books, 112 00:08:40,200 --> 00:08:44,959 Speaker 1: Harrison had a realization the American people craved this kind 113 00:08:45,000 --> 00:08:48,960 Speaker 1: of content, the story behind the story, a glimpse into 114 00:08:49,000 --> 00:08:52,920 Speaker 1: the private lives of public figures and the dirty underbelly 115 00:08:52,920 --> 00:08:59,520 Speaker 1: of modern life. Thus Confidential Magazine was born. The first 116 00:08:59,559 --> 00:09:03,640 Speaker 1: issue of Confidential, which hit newsstands in September nineteen fifty two, 117 00:09:04,240 --> 00:09:07,360 Speaker 1: set the tone for what was to come. The cover, 118 00:09:07,559 --> 00:09:11,679 Speaker 1: printed in lurid, eye catching blue, yellow and red, featured 119 00:09:11,800 --> 00:09:15,840 Speaker 1: giant headlines that leapt from the page. Photographs were grainy, 120 00:09:16,120 --> 00:09:20,360 Speaker 1: blown up, and unflattering, and like that of its namesake 121 00:09:20,400 --> 00:09:25,360 Speaker 1: book series, the magazine's content was sleazy, shocking, and bigoted. 122 00:09:26,320 --> 00:09:30,080 Speaker 1: This type of magazine focused on expose's and gossip were 123 00:09:30,080 --> 00:09:35,120 Speaker 1: often called scandal magazines. Confidential wasn't the only scandal magazine 124 00:09:35,120 --> 00:09:38,120 Speaker 1: on the market, so Robert Harrison had to find a 125 00:09:38,160 --> 00:09:43,280 Speaker 1: way to set it apart plan a lie. If his 126 00:09:43,360 --> 00:09:46,559 Speaker 1: reporters couldn't find juicy enough stories, they could just make 127 00:09:46,640 --> 00:09:51,920 Speaker 1: up better ones. Early issues of Confidential featured completely invented 128 00:09:52,000 --> 00:09:55,520 Speaker 1: tales of sex and crime, bolstered up by posed or 129 00:09:55,520 --> 00:10:00,560 Speaker 1: composite photos. But even Bonker's creations like a mob barun 130 00:10:00,760 --> 00:10:06,080 Speaker 1: grave robbing ring couldn't boost the magazine's circulation. Harrison needed 131 00:10:06,160 --> 00:10:10,720 Speaker 1: a new angle. In the summer of nineteen fifty three, 132 00:10:11,160 --> 00:10:15,200 Speaker 1: he found it. In the August issue, Confidential ran an 133 00:10:15,320 --> 00:10:19,320 Speaker 1: article about the relationship between Joe DiMaggio and Marilyn Monroe, 134 00:10:19,679 --> 00:10:24,400 Speaker 1: who were then dating. The piece, called why Joe DiMaggio 135 00:10:24,640 --> 00:10:28,720 Speaker 1: Is Striking out with Marilyn Monroe, alleged that Monroe's mentor, 136 00:10:29,200 --> 00:10:32,440 Speaker 1: the seventy six year old co founder of twentieth Century Fox, 137 00:10:32,720 --> 00:10:36,720 Speaker 1: Joe Shank, was interfering in the relationship, either out of 138 00:10:36,760 --> 00:10:40,679 Speaker 1: concern for Monroe's career or because Shank was sleeping with 139 00:10:40,760 --> 00:10:44,880 Speaker 1: Monroe himself. The magazine heavily implied it was the latter, 140 00:10:45,360 --> 00:10:52,720 Speaker 1: and Americans ate it up. Confidential circulation doubled overnight. Harrison 141 00:10:52,840 --> 00:10:56,480 Speaker 1: knew he was onto something. If people liked reading about 142 00:10:56,480 --> 00:11:00,160 Speaker 1: the secret lives of mobsters, they loved reading about the 143 00:11:00,160 --> 00:11:03,680 Speaker 1: secret lives of movie stars. Throughout the rest of nineteen 144 00:11:03,720 --> 00:11:08,439 Speaker 1: fifty three and nineteen fifty four, Confidential increasingly focused its 145 00:11:08,480 --> 00:11:12,680 Speaker 1: coverage on Hollywood. We've got to have more Hollywood stories. 146 00:11:12,720 --> 00:11:17,480 Speaker 1: Harrison told his staff, the hotter, the better. A decade earlier, 147 00:11:17,720 --> 00:11:20,880 Speaker 1: it would have been impossible for a magazine like Confidential 148 00:11:21,000 --> 00:11:24,560 Speaker 1: to get the kind of Hollywood stories they wanted. For 149 00:11:24,640 --> 00:11:27,839 Speaker 1: the first half of the twentieth century, Hollywood had been 150 00:11:27,880 --> 00:11:32,400 Speaker 1: tightly managed by the movie studios. Studios controlled every step 151 00:11:32,480 --> 00:11:36,160 Speaker 1: of the film business, from production to distribution, and they 152 00:11:36,200 --> 00:11:39,600 Speaker 1: controlled the lives and images of their contracted stars with 153 00:11:39,679 --> 00:11:43,560 Speaker 1: the same iron fist. The only way for journalists to 154 00:11:43,600 --> 00:11:46,600 Speaker 1: get access to stars was to play along with the 155 00:11:46,640 --> 00:11:50,319 Speaker 1: studios and to produce the kind of positive coverage they wanted. 156 00:11:51,320 --> 00:11:54,720 Speaker 1: But by the nineteen fifties, the studio system was crumbling. 157 00:11:55,920 --> 00:11:59,240 Speaker 1: In nineteen forty eight, Supreme Court decision United States v. 158 00:11:59,400 --> 00:12:02,920 Speaker 1: Paramount Pay Pictures, Inc. Had ruled that the studios held 159 00:12:02,920 --> 00:12:07,240 Speaker 1: an unfair monopoly. Studios were forced to give up control 160 00:12:07,280 --> 00:12:10,400 Speaker 1: over many aspects of the business, dealing them a serious 161 00:12:10,440 --> 00:12:14,080 Speaker 1: financial blow. At the same time, the rise of television 162 00:12:14,120 --> 00:12:18,760 Speaker 1: had decreased movie attendance. As the studios lost power, their 163 00:12:18,840 --> 00:12:22,040 Speaker 1: threats to blackball journalists who didn't cover stars in the 164 00:12:22,200 --> 00:12:26,280 Speaker 1: right way lost weight, and the stars who were used 165 00:12:26,320 --> 00:12:29,680 Speaker 1: to the studios covering up their bad behavior were suddenly 166 00:12:29,960 --> 00:12:36,760 Speaker 1: very exposed. The gossip cup was running over, and Confidential 167 00:12:36,880 --> 00:12:42,000 Speaker 1: was ready to catch every last drop. Harrison began coordinating 168 00:12:42,040 --> 00:12:46,240 Speaker 1: a network of informants across Los Angeles. Everyone from sex 169 00:12:46,280 --> 00:12:50,360 Speaker 1: workers to police officers to studio employees, and even movie 170 00:12:50,360 --> 00:12:54,720 Speaker 1: stars themselves soon learned that Confidential would pay well for 171 00:12:54,800 --> 00:13:00,400 Speaker 1: good dirt. Confidential paid nannies to spy on employer's wressers 172 00:13:00,440 --> 00:13:03,960 Speaker 1: to listen in on client conversations, and waiters to remember 173 00:13:04,040 --> 00:13:08,520 Speaker 1: who wait with whom to get their stories. Confidential equipped 174 00:13:08,520 --> 00:13:12,040 Speaker 1: its sources with all sorts of spy gadgets, including bugs 175 00:13:12,040 --> 00:13:15,359 Speaker 1: to tap phone lines and watches that held hidden recorders. 176 00:13:16,240 --> 00:13:20,880 Speaker 1: Harrison's niece, Marjorie Meade and her husband Fred eventually moved 177 00:13:20,880 --> 00:13:24,480 Speaker 1: to Los Angeles and established a company called Hollywood Research, Inc. 178 00:13:25,080 --> 00:13:28,520 Speaker 1: Which coordinated and organized the information coming in from tipsters. 179 00:13:29,600 --> 00:13:33,439 Speaker 1: Harrison had correctly gauged the public's interest in Hollywood Gossip. 180 00:13:34,200 --> 00:13:38,000 Speaker 1: By nineteen fifty five, the magazine's circulation was close to 181 00:13:38,240 --> 00:13:42,560 Speaker 1: four million. Most copies were passed along to additional readers, 182 00:13:42,960 --> 00:13:47,640 Speaker 1: and estimated four readers per copy, putting Confidential's readership at 183 00:13:47,640 --> 00:13:53,719 Speaker 1: close to sixteen million people, or one in every ten Americans. 184 00:13:54,679 --> 00:13:59,280 Speaker 1: With that kind of audience came great power. Confidential stories 185 00:13:59,320 --> 00:14:03,320 Speaker 1: could make or break a star's career. A March nineteen 186 00:14:03,400 --> 00:14:07,120 Speaker 1: fifty five story about an alleged interracial romance between the 187 00:14:07,160 --> 00:14:10,920 Speaker 1: white actress Ava Gardner and the black singer dancer Sammy 188 00:14:11,000 --> 00:14:14,920 Speaker 1: Davis Junior led to Gardner's films being boycotted and banned 189 00:14:14,920 --> 00:14:18,160 Speaker 1: in parts of the country. Two months later, a story 190 00:14:18,160 --> 00:14:21,600 Speaker 1: about the actor Rory Calhoun's criminal past and how he 191 00:14:21,640 --> 00:14:24,960 Speaker 1: had turned his life around thanks to religion earned Calhoun 192 00:14:25,160 --> 00:14:30,640 Speaker 1: eight thousand fan letters and completely revitalized his career. As 193 00:14:30,760 --> 00:14:36,360 Speaker 1: Confidential's influence grew, the movie studios increasingly came to view 194 00:14:36,360 --> 00:14:40,560 Speaker 1: the magazine as a threat. The studios were more vulnerable 195 00:14:40,640 --> 00:14:45,400 Speaker 1: than ever. Their profits were down and their audiences were straying. 196 00:14:46,400 --> 00:14:51,520 Speaker 1: People also thought Hollywood was corrupting the country's morals. The 197 00:14:51,600 --> 00:14:56,600 Speaker 1: studios even faced a Senate inquiry into whether movies could 198 00:14:56,600 --> 00:15:01,120 Speaker 1: be tied to a rise in juvenile delinquency. The last 199 00:15:01,160 --> 00:15:05,200 Speaker 1: thing Hollywood needed was a magazine digging up all of 200 00:15:05,240 --> 00:15:10,160 Speaker 1: the industry's buried bodies. In the mid nineteen fifties, the 201 00:15:10,240 --> 00:15:15,400 Speaker 1: studios decided to fight back and they were prepared to 202 00:15:15,600 --> 00:15:23,960 Speaker 1: fight dirty. In the summer of nineteen fifty five, studio 203 00:15:24,040 --> 00:15:27,960 Speaker 1: publicity heads met in secret at the Beverly Hills Hotel 204 00:15:28,480 --> 00:15:33,480 Speaker 1: to discuss the Confidential problem. Shortly after the meeting, one 205 00:15:33,520 --> 00:15:36,200 Speaker 1: of the publicists traveled to New York to meet with 206 00:15:36,280 --> 00:15:40,840 Speaker 1: Confidential editors. Wouldn't it be better for everyone, he asked 207 00:15:40,880 --> 00:15:45,200 Speaker 1: the editors if the magazine focused on athletes, or politicians, 208 00:15:45,360 --> 00:15:50,920 Speaker 1: or really anyone besides Hollywood stars. Confidential editors laughed him 209 00:15:50,960 --> 00:15:55,600 Speaker 1: out of the office. This straightforward approach having failed, the 210 00:15:55,600 --> 00:16:00,680 Speaker 1: publicists moved on to something more cloak and dagger. Enlisting 211 00:16:00,720 --> 00:16:04,920 Speaker 1: movie producers and an actress to help them, The publicists 212 00:16:05,040 --> 00:16:10,040 Speaker 1: cooked up an elaborate trap for Confidential. The team planted 213 00:16:10,120 --> 00:16:14,080 Speaker 1: gossip about the actress, backing up their story with witnesses. 214 00:16:15,520 --> 00:16:19,200 Speaker 1: They made sure the story eventually got to Confidential via 215 00:16:19,240 --> 00:16:23,359 Speaker 1: a chain of tipsters. When Confidential sent a private investigator 216 00:16:23,400 --> 00:16:26,360 Speaker 1: to look into the story, everything seemed to check out. 217 00:16:27,040 --> 00:16:30,600 Speaker 1: But had Confidential run it, they would have been vulnerable 218 00:16:30,720 --> 00:16:34,920 Speaker 1: to an enormous libel suit because the story the publicists 219 00:16:34,920 --> 00:16:40,280 Speaker 1: had planted was entirely, verifiably false. At the last minute, 220 00:16:40,320 --> 00:16:44,680 Speaker 1: though the magazine had doubts and killed the story. The 221 00:16:44,720 --> 00:16:50,120 Speaker 1: studios were foiled again. If they couldn't control Confidential, the 222 00:16:50,160 --> 00:16:53,960 Speaker 1: studios decided maybe they could control the flow of information 223 00:16:54,120 --> 00:16:57,560 Speaker 1: out of Hollywood. Each of the six largest studios agreed 224 00:16:57,600 --> 00:17:00,480 Speaker 1: to contribute to a fund which would pay for private 225 00:17:00,520 --> 00:17:05,200 Speaker 1: security force to monitor star's behaviors and interfere with Confidential's 226 00:17:05,240 --> 00:17:10,199 Speaker 1: information gathering network. But the studios eventually balked, fearing that 227 00:17:10,240 --> 00:17:14,320 Speaker 1: Confidential would discover their plans and attack. A plan to 228 00:17:14,400 --> 00:17:19,040 Speaker 1: blacklist anyone thought to be a Confidential informant was abandoned. 229 00:17:19,119 --> 00:17:24,720 Speaker 1: For similar reasons, Celebrities, sick of having their dirty laundry 230 00:17:24,880 --> 00:17:29,439 Speaker 1: aired in the magazine's pages, wanted the studios to fight harder. 231 00:17:30,520 --> 00:17:34,600 Speaker 1: Many stars felt powerless on their own. They had the 232 00:17:34,720 --> 00:17:39,560 Speaker 1: option to file libel suits against Confidential. Yes, but there 233 00:17:39,560 --> 00:17:43,800 Speaker 1: were a number of reasons not to. First, a suit 234 00:17:43,800 --> 00:17:47,000 Speaker 1: could draw attention to the very thing that the stars 235 00:17:47,080 --> 00:17:51,160 Speaker 1: hoped to keep hidden. Filing a suit would only give 236 00:17:51,200 --> 00:17:56,040 Speaker 1: Confidential the publicity they want, said Marlon Brando, and maybe 237 00:17:56,080 --> 00:17:59,760 Speaker 1: I'd get an award of eight cents. There was also 238 00:17:59,800 --> 00:18:03,359 Speaker 1: the that a suit would provoke Confidential into spilling even 239 00:18:03,480 --> 00:18:07,080 Speaker 1: more information about the star. It was well known that 240 00:18:07,160 --> 00:18:10,760 Speaker 1: Confidential often published only parts of the stories they received 241 00:18:10,760 --> 00:18:14,479 Speaker 1: from tipsters, holding on to the most damaging titbits as 242 00:18:14,560 --> 00:18:19,080 Speaker 1: insurance against legal action. And finally, there was the problem 243 00:18:19,119 --> 00:18:24,440 Speaker 1: of jurisdiction. Confidential was a New York based company. Most 244 00:18:24,440 --> 00:18:27,639 Speaker 1: of the stars it wrote about lived in California and 245 00:18:27,760 --> 00:18:31,080 Speaker 1: filed their rare libel suits against the magazine in that state, 246 00:18:31,760 --> 00:18:35,520 Speaker 1: suits that judges quickly dismissed, saying that California did not 247 00:18:35,640 --> 00:18:39,440 Speaker 1: have jurisdiction over a New York company. The New York 248 00:18:39,520 --> 00:18:43,520 Speaker 1: courts were notoriously backed up, and filing there might have 249 00:18:43,640 --> 00:18:48,320 Speaker 1: meant a year's long wait to be heard. As stars 250 00:18:48,359 --> 00:18:52,280 Speaker 1: considered how best to deal with Confidential, the studios escalated 251 00:18:52,280 --> 00:18:56,600 Speaker 1: their battle to the federal level. In August nineteen fifty five, 252 00:18:56,840 --> 00:19:01,080 Speaker 1: several studio heads reached out to Postmaster General Arthur Summerfield 253 00:19:01,119 --> 00:19:04,840 Speaker 1: with a bold request. They wanted the Post Office to 254 00:19:05,000 --> 00:19:09,840 Speaker 1: revoke Confidential's mailing privileges. One movie producer was alleged to 255 00:19:09,880 --> 00:19:13,960 Speaker 1: have told Summerfield, unless they take away Harrison's mailing privileges, 256 00:19:14,359 --> 00:19:19,280 Speaker 1: this industry is done. For Summerfield, who saw obscenity as 257 00:19:19,320 --> 00:19:22,399 Speaker 1: one of the gravest threats to American society. Had his 258 00:19:22,480 --> 00:19:26,800 Speaker 1: own reasons for disliking Confidential. On August twenty seventh, he 259 00:19:26,960 --> 00:19:30,680 Speaker 1: issued a withhold from dispatch order on the November issue 260 00:19:30,720 --> 00:19:35,360 Speaker 1: of Confidential. Under the order's terms, no issue of Confidential 261 00:19:35,400 --> 00:19:37,919 Speaker 1: could be mailed without first being reviewed by the Post 262 00:19:37,960 --> 00:19:43,680 Speaker 1: Office and being found free of improper content. The determination 263 00:19:43,840 --> 00:19:48,040 Speaker 1: of whether content was or was not improper was entirely 264 00:19:48,200 --> 00:19:52,680 Speaker 1: up to the Post Office. Harrison responded by filing suit 265 00:19:52,720 --> 00:19:56,960 Speaker 1: against Summerfield, and a judge eventually ruled in the magazine's favor, 266 00:19:57,359 --> 00:20:00,360 Speaker 1: saying that the Post Office was violating the magazine's right 267 00:20:00,400 --> 00:20:03,800 Speaker 1: to do process by threatening to ban it with no notices, 268 00:20:04,240 --> 00:20:08,800 Speaker 1: charges or hearings. Confidential had won again. The fight with 269 00:20:08,880 --> 00:20:12,000 Speaker 1: the Post Office had even raised the magazine's profile and 270 00:20:12,119 --> 00:20:19,680 Speaker 1: with that, its circulation. But a raised profile also brought 271 00:20:19,840 --> 00:20:23,880 Speaker 1: unwanted scrutiny. The studio executives were not alone in their 272 00:20:23,920 --> 00:20:28,159 Speaker 1: concerns about Confidential. Segments of the American public were worried 273 00:20:28,160 --> 00:20:31,720 Speaker 1: about the effect scandal magazines might have on the nation's morals. 274 00:20:32,480 --> 00:20:36,040 Speaker 1: To some, these magazines seem to represent everything wrong with 275 00:20:36,119 --> 00:20:40,400 Speaker 1: the country. As one Californian told the newspaper, quote, all 276 00:20:40,480 --> 00:20:43,560 Speaker 1: scandal magazines should be taken off the market. They are 277 00:20:43,600 --> 00:20:47,040 Speaker 1: a menace to society. They caring nothing but trash, and 278 00:20:47,080 --> 00:20:51,680 Speaker 1: that is no good for our youth. Scandal magazines weren't 279 00:20:51,720 --> 00:20:55,320 Speaker 1: the only target for criticism. Many Americans worried about the 280 00:20:55,359 --> 00:20:58,879 Speaker 1: effect of any reading materials that freely discussed hot button 281 00:20:58,960 --> 00:21:03,640 Speaker 1: topics like sex, violence, and race. Throughout the nineteen fifties, 282 00:21:03,680 --> 00:21:07,920 Speaker 1: many communities set up review boards which determined if publications 283 00:21:07,960 --> 00:21:12,200 Speaker 1: were inappropriate. If they were found to be so, local distributors, 284 00:21:12,280 --> 00:21:17,560 Speaker 1: including booksellers, newsstands, and libraries were strongly encouraged not to 285 00:21:17,560 --> 00:21:21,000 Speaker 1: carry these items under the vague threat of legal action. 286 00:21:22,720 --> 00:21:25,800 Speaker 1: What about freedom of the press, you might ask. Here's 287 00:21:25,840 --> 00:21:30,520 Speaker 1: one magazine writing on that very question in nineteen fifty seven. Quote, 288 00:21:30,800 --> 00:21:34,440 Speaker 1: the framers of the Constitution never meant the First Amendment 289 00:21:34,520 --> 00:21:39,160 Speaker 1: to protect filth peddlers who poisoned minds. And this magazine 290 00:21:39,200 --> 00:21:42,480 Speaker 1: wasn't the only one to take this position. Many journalists 291 00:21:42,520 --> 00:21:46,280 Speaker 1: and publications believed that scandal magazines like Confidential were not 292 00:21:46,600 --> 00:21:50,240 Speaker 1: entitled to the same legal protections as more traditional publications. 293 00:21:50,960 --> 00:21:54,200 Speaker 1: They feared that aligning themselves with scandal magazines could end 294 00:21:54,240 --> 00:21:59,440 Speaker 1: up damaging their own rights. Back in Hollywood, the studios 295 00:21:59,520 --> 00:22:03,320 Speaker 1: sent that the tide of public opinion might be turning 296 00:22:03,359 --> 00:22:09,360 Speaker 1: their way. In October nineteen fifty six, when Harrison appeared 297 00:22:09,359 --> 00:22:13,080 Speaker 1: on The Tonight Show to defend Scandal Magazine's the audience 298 00:22:13,320 --> 00:22:16,919 Speaker 1: booed him it was time for the studios to strike. 299 00:22:17,880 --> 00:22:23,840 Speaker 1: In December nineteen fifty six, MGM released Slander, a movie 300 00:22:23,920 --> 00:22:29,600 Speaker 1: about an unscrupulous scandal magazine publisher unfairly ruining the life 301 00:22:29,680 --> 00:22:34,520 Speaker 1: of a well meaning actor. The movie was melodramatic, it 302 00:22:34,680 --> 00:22:37,520 Speaker 1: ends with the publisher's mother killing him, disgusted by what 303 00:22:37,640 --> 00:22:40,840 Speaker 1: her son has become, and flopped at the box office, 304 00:22:41,359 --> 00:22:45,520 Speaker 1: but its heavy handed message did not go unnoticed. Slander 305 00:22:45,640 --> 00:22:49,960 Speaker 1: quote reeks with the motion picture industry's long pent up 306 00:22:50,080 --> 00:22:56,040 Speaker 1: sense of vengeance, wrote Texas's Amarillo Globe. Harrison responded in 307 00:22:56,119 --> 00:23:01,199 Speaker 1: a typically cheeky fashion, hiring models to picket the movie 308 00:23:01,359 --> 00:23:06,639 Speaker 1: outside a Broadway theater holding signs that read Slander is 309 00:23:07,000 --> 00:23:12,280 Speaker 1: unfair to Confidential. But the studios weren't done there, though 310 00:23:12,320 --> 00:23:15,160 Speaker 1: their attempt to get Confidential through the post office had failed, 311 00:23:15,920 --> 00:23:21,000 Speaker 1: they now recognized the power of governmental attacks on the magazine. 312 00:23:21,080 --> 00:23:24,959 Speaker 1: In January nineteen fifty seven, the California State Senate formed 313 00:23:24,960 --> 00:23:28,200 Speaker 1: a committee to investigate the practices of private detectives in 314 00:23:28,240 --> 00:23:31,960 Speaker 1: the state. Or at least that was the committee's alleged purpose. 315 00:23:32,800 --> 00:23:35,480 Speaker 1: In reality, the committee had been formed at the behest 316 00:23:35,520 --> 00:23:38,800 Speaker 1: of the studios and planned to look into how Confidential 317 00:23:38,840 --> 00:23:42,399 Speaker 1: got its stories. This was the committee mentioned in the 318 00:23:42,440 --> 00:23:46,520 Speaker 1: prologue that looked into the wrong door raid at Florence 319 00:23:46,600 --> 00:23:52,080 Speaker 1: Cott's apartment. The committee's investigation eventually fizzled out in March, 320 00:23:52,440 --> 00:23:56,119 Speaker 1: with lead Senator Fred Kraft declaring that though the magazines 321 00:23:56,160 --> 00:23:59,760 Speaker 1: were a quote national disgrace, the field is beyond this 322 00:23:59,760 --> 00:24:03,440 Speaker 1: scope of a single state legislature. But the state's war 323 00:24:03,520 --> 00:24:08,200 Speaker 1: on Confidential was far from over. California Attorney General Pat 324 00:24:08,240 --> 00:24:11,400 Speaker 1: Brown announced that his office, in tandem with the Los 325 00:24:11,400 --> 00:24:15,959 Speaker 1: Angeles County District Attorney, would now be pursuing charges against Confidential. 326 00:24:16,960 --> 00:24:19,919 Speaker 1: Brown said his decision was motivated by a desire to 327 00:24:20,000 --> 00:24:24,200 Speaker 1: protect children from the magazine. He also claimed that Confidential 328 00:24:24,320 --> 00:24:28,359 Speaker 1: Quote caused divorces and broken homes and led to blackmail, 329 00:24:29,200 --> 00:24:32,960 Speaker 1: but behind the scenes, the studios were again pulling the strings. 330 00:24:33,440 --> 00:24:36,399 Speaker 1: Brown was pursuing a run for governor, and the film 331 00:24:36,480 --> 00:24:38,440 Speaker 1: industry had made it clear to him that they would 332 00:24:38,480 --> 00:24:42,600 Speaker 1: look favorably upon a candidate who supported their crusade against Confidential. 333 00:24:43,640 --> 00:24:47,159 Speaker 1: In May nineteen fifty seven, Brown and Los Angeles County 334 00:24:47,160 --> 00:24:50,600 Speaker 1: District Attorney William McKesson convened a grand jury to look 335 00:24:50,640 --> 00:24:55,560 Speaker 1: into Confidential. On May fifteenth, the grand jury indicted Confidential 336 00:24:56,040 --> 00:24:59,359 Speaker 1: members of its staff, its printer and distributor, and its 337 00:24:59,400 --> 00:25:04,320 Speaker 1: sister Magaze Whisper on four charges, including conspiracy to commit 338 00:25:04,359 --> 00:25:09,040 Speaker 1: criminal libel and conspiracy to publish obscene and indecent material. 339 00:25:10,000 --> 00:25:14,280 Speaker 1: Robert Harrison addressed the charges directly in an editorial and Confidential, 340 00:25:14,920 --> 00:25:19,040 Speaker 1: this magazine is under assault in the California courts. Harrison wrote, 341 00:25:19,640 --> 00:25:22,520 Speaker 1: this is a determined effort initiated by a segment of 342 00:25:22,560 --> 00:25:27,399 Speaker 1: the motion picture industry to get this magazine. He positioned 343 00:25:27,440 --> 00:25:33,120 Speaker 1: the Confidential as a brave truth teller, a publication unafraid 344 00:25:33,240 --> 00:25:37,160 Speaker 1: to reveal to the American people what the elite did 345 00:25:37,200 --> 00:25:41,000 Speaker 1: not want them to know. Is an American jury going 346 00:25:41,080 --> 00:25:46,200 Speaker 1: to get us for daring to tell that truth? Harrison asked, 347 00:25:46,800 --> 00:25:51,560 Speaker 1: we don't believe so his assumptions would soon be put 348 00:25:51,640 --> 00:26:00,440 Speaker 1: to the test. Confidential's trial was scheduled to begin in August. 349 00:26:01,200 --> 00:26:04,640 Speaker 1: It almost ended before it started, though, because it seemed 350 00:26:04,720 --> 00:26:07,240 Speaker 1: that both sides had lost their appetite for the fight. 351 00:26:08,800 --> 00:26:13,240 Speaker 1: Throughout the summer, Harrison's lawyers had been issuing subpoenas for celebrities. 352 00:26:13,840 --> 00:26:17,120 Speaker 1: Most stars had managed to avoid the summons, flipping out 353 00:26:17,119 --> 00:26:21,000 Speaker 1: of back entrances, heading to Las Vegas, even leaving the country, 354 00:26:21,480 --> 00:26:26,040 Speaker 1: but some hadn't. Dean Martin, Launa Turner, and Gary Cooper 355 00:26:26,080 --> 00:26:31,240 Speaker 1: were among those who had received subpoenas. Studio executives panicked. 356 00:26:31,760 --> 00:26:34,160 Speaker 1: The last thing they wanted was for their biggest box 357 00:26:34,200 --> 00:26:37,320 Speaker 1: office draws to have to confirm or deny their sins 358 00:26:37,440 --> 00:26:42,119 Speaker 1: under oath. Arthur Crowley, the high powered Los Angeles lawyer 359 00:26:42,200 --> 00:26:45,840 Speaker 1: running the defense, knew just what he was doing. I 360 00:26:45,960 --> 00:26:48,320 Speaker 1: want to make it clear that the reputations of many 361 00:26:48,400 --> 00:26:51,560 Speaker 1: persons will suffer if this case goes to trial, because 362 00:26:51,600 --> 00:26:53,960 Speaker 1: we are going to offer the truth as a defense, 363 00:26:54,040 --> 00:26:59,240 Speaker 1: he stated. Studio executives heard Crowley's message loud and clear, 364 00:26:59,760 --> 00:27:02,199 Speaker 1: and they started to have second thoughts about the trial. 365 00:27:03,400 --> 00:27:07,040 Speaker 1: George Murphy head of the Motion Picture Industry Council, approached 366 00:27:07,040 --> 00:27:10,639 Speaker 1: the prosecutors and urged them to reach a compromise. The 367 00:27:10,680 --> 00:27:14,320 Speaker 1: defense was receptive. Harrison knew that this trial, no matter 368 00:27:14,359 --> 00:27:18,560 Speaker 1: the outcome, would be enormously expensive, so the two sides 369 00:27:18,600 --> 00:27:22,640 Speaker 1: came to an agreement. Confidential would stop focusing on celebrities 370 00:27:22,920 --> 00:27:25,159 Speaker 1: in exchange for some of the charges being decided by 371 00:27:25,160 --> 00:27:29,119 Speaker 1: a judge and others being dropped. But Judge Herbert Walker 372 00:27:29,200 --> 00:27:32,760 Speaker 1: rejected the deal. The state had brought charges for good reason, 373 00:27:32,800 --> 00:27:36,159 Speaker 1: he said, and this compromise didn't do enough to address 374 00:27:36,200 --> 00:27:42,600 Speaker 1: those charges. The trial would proceed. Stars and Confidential executives 375 00:27:42,640 --> 00:27:46,439 Speaker 1: alike held their breath. No matter who won the case, 376 00:27:46,840 --> 00:27:57,000 Speaker 1: everyone knew scandal was sure to ensue. On August second, 377 00:27:57,240 --> 00:28:00,720 Speaker 1: nineteen fifty seven, the trial began at the Los Angeles 378 00:28:00,840 --> 00:28:06,359 Speaker 1: Superior Court. Robert Harrison wasn't there. In fact, only two 379 00:28:06,480 --> 00:28:09,439 Speaker 1: of the people charged and the grand jury indictment were present. 380 00:28:10,160 --> 00:28:13,639 Speaker 1: All summer, Confidential's lawyers had been battling to prevent the 381 00:28:13,680 --> 00:28:17,159 Speaker 1: extradition of their clients from New York, and they had succeeded. 382 00:28:17,840 --> 00:28:20,600 Speaker 1: The face of Confidential at the defense table would not 383 00:28:20,680 --> 00:28:24,720 Speaker 1: be its infamous publisher Harrison, but his niece Marjorie Need 384 00:28:25,119 --> 00:28:29,520 Speaker 1: and her husband Fred. Marjorie and Fred had flown back 385 00:28:29,560 --> 00:28:34,000 Speaker 1: into Los Angeles in May to surrender, and Marjorie, decked 386 00:28:34,040 --> 00:28:38,760 Speaker 1: out in furs and diamonds, had asked reporters, then, don't 387 00:28:38,760 --> 00:28:41,200 Speaker 1: you think this whole thing has a little to do 388 00:28:41,320 --> 00:28:45,600 Speaker 1: with destruction of freedom of the press? Now she sat 389 00:28:45,720 --> 00:28:49,520 Speaker 1: quietly in the courtroom, her dyed red curls and large eyes, 390 00:28:49,640 --> 00:28:54,840 Speaker 1: drawing admiring looks. The prosecutors, William Ritzy and Clarence Lynne, 391 00:28:55,200 --> 00:28:59,479 Speaker 1: presented quite a contrast to the glamorous Meads. Ritzy, a 392 00:28:59,480 --> 00:29:03,920 Speaker 1: Los Angeles Deputy District Attorney, and Lynn, an Assistant Attorney General, 393 00:29:04,320 --> 00:29:08,440 Speaker 1: were both serious religious men. Lynn taught Sunday school back 394 00:29:08,480 --> 00:29:11,440 Speaker 1: home in San Francisco, and they weren't letting the spotlight 395 00:29:11,520 --> 00:29:15,240 Speaker 1: dazzle them. Though the trial had largely come about due 396 00:29:15,240 --> 00:29:18,880 Speaker 1: to political pressure, Ritzy and Lynn were confident that the 397 00:29:18,960 --> 00:29:22,560 Speaker 1: law was on their side. One of their first jobs 398 00:29:22,760 --> 00:29:26,480 Speaker 1: was making the connection between the meds and confidential clear, 399 00:29:27,080 --> 00:29:31,400 Speaker 1: given that the Meads were the only defendants present. That 400 00:29:31,480 --> 00:29:36,080 Speaker 1: connection came, the prosecutors claimed, through a company called Hollywood Research, 401 00:29:37,160 --> 00:29:40,320 Speaker 1: This was the Los Angeles business that organized and followed 402 00:29:40,360 --> 00:29:43,280 Speaker 1: up on informants tips and sent them back to Confidential. 403 00:29:44,240 --> 00:29:47,120 Speaker 1: The magazine had long claimed that Hollywood Research was a 404 00:29:47,120 --> 00:29:51,000 Speaker 1: completely independent organization. This was part of their strategy of 405 00:29:51,040 --> 00:29:54,640 Speaker 1: claiming to have no corporate presence in California, thus making 406 00:29:54,680 --> 00:29:58,000 Speaker 1: it harder for stars to sue them. But the prosecution 407 00:29:58,520 --> 00:30:02,280 Speaker 1: thought otherwise, and they had good reason to think so, 408 00:30:03,000 --> 00:30:07,080 Speaker 1: because Hollywood Research had been run by none other than 409 00:30:07,160 --> 00:30:13,360 Speaker 1: Marjorie Mead. The prosecution took several steps during their case 410 00:30:13,520 --> 00:30:17,719 Speaker 1: to prove their point, submitting phone records that showed a 411 00:30:17,960 --> 00:30:22,239 Speaker 1: huge volume of calls between the Confidential office and the 412 00:30:22,280 --> 00:30:28,080 Speaker 1: Hollywood Researching Office. They also brought out a witness, Paul Gregory, 413 00:30:28,640 --> 00:30:32,880 Speaker 1: who claimed that Marjorie Mead had extorted him over keeping 414 00:30:32,880 --> 00:30:38,040 Speaker 1: a story out of Confidential. Gregory's testimony had provided a 415 00:30:38,120 --> 00:30:43,440 Speaker 1: dramatic moment. As he testified about Marjorie, she began to sob, 416 00:30:44,080 --> 00:30:49,520 Speaker 1: and once the jury left the room, she collapsed entirely furious. 417 00:30:49,960 --> 00:30:53,640 Speaker 1: Her husband, Fred had stalked over to the prosecution table 418 00:30:54,160 --> 00:30:58,880 Speaker 1: and slamming his fist down, yelled at prosecutor Ritzy, you 419 00:30:59,000 --> 00:31:01,640 Speaker 1: must want to win this case pretty bad by putting 420 00:31:01,720 --> 00:31:07,280 Speaker 1: that lying character on the stand, Ritzy was unfazed. The 421 00:31:07,320 --> 00:31:10,800 Speaker 1: defense would later provide records proving that Meade could not 422 00:31:11,040 --> 00:31:14,960 Speaker 1: have been with Gregory when he claimed she had the 423 00:31:15,000 --> 00:31:19,120 Speaker 1: biggest scores for The prosecution's argument about the California Confidential 424 00:31:19,160 --> 00:31:24,320 Speaker 1: connection actually came during Fred Mead's own testimony. He revealed 425 00:31:24,360 --> 00:31:26,560 Speaker 1: that Harrison had been the one to suggest that he 426 00:31:26,640 --> 00:31:30,080 Speaker 1: and Marjorie get into the gossip business. Harrison had even 427 00:31:30,120 --> 00:31:34,760 Speaker 1: given them money to get started on cross Ritzy got 428 00:31:34,880 --> 00:31:38,800 Speaker 1: need to admit that Marjorie's brother was the company's vice president, 429 00:31:39,440 --> 00:31:44,200 Speaker 1: and that the supposedly independent Hollywood Research had only ever 430 00:31:44,280 --> 00:31:51,360 Speaker 1: sold information to two magazines, Confidential and its sister magazine, Whisper. 431 00:31:52,760 --> 00:31:57,360 Speaker 1: Whatever the exact nature of the relationship between Hollywood Research 432 00:31:57,560 --> 00:32:03,160 Speaker 1: and Confidential Engine, true prosecutors were right. Hollywood Research had 433 00:32:03,280 --> 00:32:06,560 Speaker 1: been set up by the magazine. It was clear from 434 00:32:06,640 --> 00:32:10,240 Speaker 1: the testimony that the Needs were involved in this business 435 00:32:10,440 --> 00:32:13,880 Speaker 1: up to their necks, and in the course of this business, 436 00:32:14,560 --> 00:32:17,760 Speaker 1: the Needs and the rest of the Confidential crew, the 437 00:32:17,800 --> 00:32:24,160 Speaker 1: prosecutors claimed, had conspired to commit obscenity and libel. The 438 00:32:24,240 --> 00:32:29,240 Speaker 1: prosecutors now set out to prove these charges. First up 439 00:32:29,320 --> 00:32:34,240 Speaker 1: the question of obscenity. What is obscene material. That's a 440 00:32:34,280 --> 00:32:37,120 Speaker 1: hard question to answer, a question that even the law 441 00:32:37,200 --> 00:32:41,040 Speaker 1: struggles with, because what makes something obscene is often subjective 442 00:32:41,560 --> 00:32:45,320 Speaker 1: in California law. At the time, material was obscene if 443 00:32:45,600 --> 00:32:49,720 Speaker 1: quote it has a substantial tendency to deprave or corrupt 444 00:32:49,760 --> 00:32:54,640 Speaker 1: its readers by inciting lascivious thoughts or arousing lustful desire. 445 00:32:55,560 --> 00:32:59,280 Speaker 1: In other words, if it turned people on. The magazine 446 00:32:59,280 --> 00:33:02,480 Speaker 1: had been charged with not just the publication of obscene material, 447 00:33:02,880 --> 00:33:06,320 Speaker 1: but also the conspiracy to publish it, meaning that two 448 00:33:06,440 --> 00:33:09,680 Speaker 1: or more people had arranged knowingly to commit the crime. 449 00:33:11,160 --> 00:33:13,560 Speaker 1: So now Ritzie and Lynne had to prove not only 450 00:33:13,600 --> 00:33:17,160 Speaker 1: that Confidential had published obscene material, but also that they 451 00:33:17,200 --> 00:33:21,680 Speaker 1: had knowingly done so. The prosecution argued that Confidential had 452 00:33:21,720 --> 00:33:25,680 Speaker 1: done just that. They brought Ronnie Quillen, a sex worker 453 00:33:25,720 --> 00:33:30,280 Speaker 1: and frequent Confidential tipster, to the stand. Quillen testified that 454 00:33:30,320 --> 00:33:34,240 Speaker 1: Harrison had wanted stories quote primarily dealing with the sexual 455 00:33:34,280 --> 00:33:38,520 Speaker 1: activities of celebrities, and that he'd made it clear that quote, 456 00:33:38,880 --> 00:33:42,080 Speaker 1: the more lewde and lascivious the story, the more colorful 457 00:33:42,120 --> 00:33:46,520 Speaker 1: the magazine, But the defense rebutted that notion, claiming that 458 00:33:46,560 --> 00:33:49,360 Speaker 1: the magazine had always been careful not to cross the 459 00:33:49,440 --> 00:33:53,040 Speaker 1: line into obscenity, and how had they defined that line. 460 00:33:53,720 --> 00:33:57,160 Speaker 1: Daniel Ross, one of the magazine's lawyers, explained that he 461 00:33:57,240 --> 00:34:01,080 Speaker 1: and Robert Harrison had compared the magazine to others published material. 462 00:34:02,200 --> 00:34:06,080 Speaker 1: To prove Ross's point, proudly, the defense attorney submitted into 463 00:34:06,120 --> 00:34:09,360 Speaker 1: evidence a whole stack of books which Ross claimed to 464 00:34:09,400 --> 00:34:11,960 Speaker 1: have used to learn what the public found acceptable in 465 00:34:12,040 --> 00:34:15,919 Speaker 1: terms of obscenity. The stack included best sellers like John 466 00:34:16,000 --> 00:34:21,000 Speaker 1: Steinbeck's East of Eden and Grace Mettalius's Peyton Place. Whether 467 00:34:21,160 --> 00:34:24,279 Speaker 1: or not these books made senses benchmarks for obscenity, and 468 00:34:24,520 --> 00:34:28,000 Speaker 1: more importantly, whether or not Confidential had ended up publishing 469 00:34:28,080 --> 00:34:31,560 Speaker 1: obscene content despite these precautions would be up for the 470 00:34:31,640 --> 00:34:36,360 Speaker 1: jury to decide. The next charge was libel. The state 471 00:34:36,440 --> 00:34:39,359 Speaker 1: had again gone with a conspiracy charge, so they would 472 00:34:39,400 --> 00:34:42,760 Speaker 1: have to prove two things. That the magazine had published 473 00:34:42,760 --> 00:34:46,120 Speaker 1: afammatory material and that it had done so with intent, 474 00:34:46,920 --> 00:34:50,040 Speaker 1: Because the magazine was charged not with civil libel but 475 00:34:50,120 --> 00:34:53,520 Speaker 1: with criminal libel, a little used charge that basically doesn't 476 00:34:53,560 --> 00:34:56,600 Speaker 1: exist today, the burden of proving whether or not the 477 00:34:56,640 --> 00:35:01,319 Speaker 1: stories were true fell to the magazine. Prosecutor Clarence Lynn 478 00:35:01,440 --> 00:35:04,600 Speaker 1: had said when the charges were announced that he didn't 479 00:35:04,600 --> 00:35:06,680 Speaker 1: think the magazine would be able to prove that their 480 00:35:06,719 --> 00:35:11,120 Speaker 1: stories were true. Like many people, he seemed to assume 481 00:35:11,160 --> 00:35:15,560 Speaker 1: that Confidential was sloppy in their standards, publishing anything, no 482 00:35:15,640 --> 00:35:22,520 Speaker 1: matter how questionable, as long as it sounded good. But 483 00:35:22,640 --> 00:35:27,200 Speaker 1: in that assumption, Lynn was very wrong. Though Confidential had 484 00:35:27,239 --> 00:35:31,080 Speaker 1: started out by publishing made up stories, once they graduated 485 00:35:31,120 --> 00:35:34,840 Speaker 1: into the world of Hollywood gossip, Robert Harrison had wanted 486 00:35:34,880 --> 00:35:38,920 Speaker 1: to make sure that Confidential was legally safeguarded. When the 487 00:35:38,960 --> 00:35:43,040 Speaker 1: magazine decided to move forward with a tip, private investigators 488 00:35:43,080 --> 00:35:46,600 Speaker 1: were hired to double check the information. We have to 489 00:35:46,640 --> 00:35:51,480 Speaker 1: have the exact type, exact date, everything documented just in case, 490 00:35:51,560 --> 00:35:55,840 Speaker 1: Harrison said. Then the magazine's lawyers would prepare affidavits for 491 00:35:55,880 --> 00:36:00,399 Speaker 1: their sources to sign, which read quote, I swich that 492 00:36:00,440 --> 00:36:03,160 Speaker 1: all the events described in the above story are true 493 00:36:03,480 --> 00:36:07,160 Speaker 1: and that I was a participant in these events. Based 494 00:36:07,200 --> 00:36:11,000 Speaker 1: on these affidavits, confidentials writers would then put together a piece, 495 00:36:11,800 --> 00:36:16,120 Speaker 1: but the legal review wasn't over yet. Lawyers would now 496 00:36:16,280 --> 00:36:20,040 Speaker 1: check over every word of a story, often demanding rewrites 497 00:36:20,160 --> 00:36:24,560 Speaker 1: or deletions. Their oversight was so intensive, one reporter said 498 00:36:25,000 --> 00:36:27,640 Speaker 1: that he once requested a disclaimer that an article was 499 00:36:27,680 --> 00:36:32,040 Speaker 1: an attorney's work, not his own. Writers quickly learned that 500 00:36:32,120 --> 00:36:37,440 Speaker 1: the best approach was to imply conclusions, not state them outright, 501 00:36:37,960 --> 00:36:44,160 Speaker 1: in order to protect themselves from liability. Confidential, the testimony suggested, 502 00:36:44,840 --> 00:36:49,560 Speaker 1: was very, very careful with the truth, but two of 503 00:36:49,600 --> 00:36:53,560 Speaker 1: the trials most eye catching witnesses would reveal that Confidential's 504 00:36:53,560 --> 00:36:58,680 Speaker 1: fact checking process was not infallible. Hollywood's fears about stars 505 00:36:58,719 --> 00:37:02,880 Speaker 1: being called by the defense hadn't materialized. Defense lawyer Arthur 506 00:37:02,920 --> 00:37:06,040 Speaker 1: Crowley didn't want to risk being bound by the testimony 507 00:37:06,080 --> 00:37:11,160 Speaker 1: of witnesses who might perjure themselves to protect their reputations. However, 508 00:37:11,280 --> 00:37:16,200 Speaker 1: there were some stars who wanted to testify. Their names 509 00:37:16,600 --> 00:37:24,120 Speaker 1: were Maureen O'Hara and Dorothy Dandridge. O'Hara, an actress, came 510 00:37:24,160 --> 00:37:26,640 Speaker 1: to court to respond to a March nineteen fifty seven 511 00:37:26,719 --> 00:37:30,200 Speaker 1: article titled quote it was the hottest show in town 512 00:37:30,360 --> 00:37:35,160 Speaker 1: when Maureen O'Hara cuddled in Row thirty five. The article 513 00:37:35,280 --> 00:37:39,840 Speaker 1: alleged that O'Hara had had a sexual encounter with a 514 00:37:39,920 --> 00:37:43,759 Speaker 1: lover in the back row of Grammin's Chinese Theater in 515 00:37:43,840 --> 00:37:48,720 Speaker 1: Los Angeles. O'Hara vehemently denied it, and she had proved 516 00:37:48,719 --> 00:37:51,319 Speaker 1: to back up her denials. On the same day that 517 00:37:51,400 --> 00:37:54,880 Speaker 1: Confidential claims she was getting busy in Los Angeles, O'Hara's 518 00:37:54,920 --> 00:37:59,279 Speaker 1: passport showed that she had been in London. Dorothy Dandridge, 519 00:37:59,480 --> 00:38:04,080 Speaker 1: a singer actress, also testified. Confidential had published an article 520 00:38:04,200 --> 00:38:07,040 Speaker 1: called only the Birds and the Bees Saw What Dorothy 521 00:38:07,120 --> 00:38:10,520 Speaker 1: Dandridge Did in the Woods, claiming that Dandridge had had 522 00:38:10,600 --> 00:38:12,880 Speaker 1: sex with a man in the woods near a resort 523 00:38:13,000 --> 00:38:17,560 Speaker 1: in Lake Tahoe, Nevada. Now, Dandridge appeared on the stand, 524 00:38:18,080 --> 00:38:21,240 Speaker 1: stating for the court that what Confidential claimed could never 525 00:38:21,360 --> 00:38:25,560 Speaker 1: have happened. Dandridge was black, and the man the story 526 00:38:25,560 --> 00:38:29,480 Speaker 1: alleged she had had sex with was white. During the 527 00:38:29,520 --> 00:38:32,880 Speaker 1: period in which she had been in Lake Tahoe, Dandridge explained, 528 00:38:33,400 --> 00:38:37,359 Speaker 1: racial prejudices there had not only precluded her from interacting 529 00:38:37,360 --> 00:38:40,799 Speaker 1: with white people, but also from walking freely around the 530 00:38:40,800 --> 00:38:44,720 Speaker 1: resort grounds. She couldn't have even gone into the woods, 531 00:38:45,000 --> 00:38:48,640 Speaker 1: let alone met a white man there, so Confidential was 532 00:38:48,680 --> 00:38:52,400 Speaker 1: not infallible. But had they meant to defame the subjects 533 00:38:52,400 --> 00:38:57,400 Speaker 1: of their articles. Opinions on that varied. One disgruntled former 534 00:38:57,440 --> 00:39:00,480 Speaker 1: reporter testified that he had wanted to hear those he 535 00:39:00,520 --> 00:39:03,680 Speaker 1: wrote about, while others claimed that they were just reporting 536 00:39:03,719 --> 00:39:07,360 Speaker 1: facts like any other news publication. The real blame for 537 00:39:07,440 --> 00:39:11,280 Speaker 1: any damage done, when witness said, lay with the movie studios, 538 00:39:11,360 --> 00:39:15,800 Speaker 1: who did not enforce the moral clauses in their stars contracts. Again, 539 00:39:16,160 --> 00:39:21,719 Speaker 1: it would be up to the jury to decide. In 540 00:39:21,800 --> 00:39:25,920 Speaker 1: closing arguments, the prosecution doubled down on their themes. They 541 00:39:25,960 --> 00:39:31,080 Speaker 1: pointed out the familial and financial bonds between Confidential and 542 00:39:31,280 --> 00:39:35,759 Speaker 1: Hollywood Research. They argued that Confidential had no motive for 543 00:39:35,840 --> 00:39:40,279 Speaker 1: exposing scandal other than financial gain. They railed against the 544 00:39:40,400 --> 00:39:45,280 Speaker 1: low morals of the magazine. Look at them, shouted William Ritzy, 545 00:39:45,640 --> 00:39:50,160 Speaker 1: pointing his finger at Marjorie and Fred Mead. They are 546 00:39:50,239 --> 00:39:54,719 Speaker 1: the self appointed purveyors of filth and gossip in the 547 00:39:54,800 --> 00:40:00,360 Speaker 1: United States. For the defense, Crowley fought back, Oh, was 548 00:40:00,400 --> 00:40:04,920 Speaker 1: Confidential so much different, so much worse than any other publication? 549 00:40:05,040 --> 00:40:09,400 Speaker 1: He asked, what about girly magazines with their erotic content. 550 00:40:10,040 --> 00:40:15,640 Speaker 1: Why wasn't the government pursuing them unlike those magazines, Crowley continued, 551 00:40:15,920 --> 00:40:20,360 Speaker 1: confidential is accepted by the community. It is sold over 552 00:40:20,440 --> 00:40:24,319 Speaker 1: the counter, not under the counter. And then he brought 553 00:40:24,400 --> 00:40:29,000 Speaker 1: up another point, one that had nearly gotten lost amongst 554 00:40:29,080 --> 00:40:34,600 Speaker 1: the discussion of celebrities and gossip and smut, the issue 555 00:40:35,000 --> 00:40:40,879 Speaker 1: of free speech. The prosecution wants to indulge in censorship, 556 00:40:41,520 --> 00:40:45,720 Speaker 1: to do your thinking for you. Who is the prosecutor 557 00:40:45,800 --> 00:40:49,160 Speaker 1: to tell you what you can and can't read? He asked, 558 00:40:50,200 --> 00:40:53,440 Speaker 1: If you find my client's guilty, Crowley told the jury, 559 00:40:54,160 --> 00:40:58,359 Speaker 1: you will be taking a precious piece of liberty. Would 560 00:40:58,400 --> 00:41:01,880 Speaker 1: this plea be enough? After more than a month of 561 00:41:01,960 --> 00:41:06,560 Speaker 1: testimony and nearly thirty witnesses, the trial ended and the 562 00:41:06,640 --> 00:41:11,360 Speaker 1: decision was left in the jury's hands. Soon it became 563 00:41:11,440 --> 00:41:15,319 Speaker 1: clear that it would not be a quick deliberation. One 564 00:41:15,440 --> 00:41:20,520 Speaker 1: day passed, and then another, and then another. The jury 565 00:41:20,560 --> 00:41:24,120 Speaker 1: returned to the courtroom to ask Judge Walker some clarifying questions. 566 00:41:24,920 --> 00:41:28,720 Speaker 1: They left again. Things were getting heated amongst the jury. 567 00:41:29,360 --> 00:41:33,000 Speaker 1: At one point marshals had to step in. Several jurors 568 00:41:33,000 --> 00:41:37,760 Speaker 1: had allegedly threatened to throw another juror out of the window. Finally, 569 00:41:38,040 --> 00:41:41,920 Speaker 1: after a then record breaking fourteen days of deliberation, the 570 00:41:42,040 --> 00:41:45,440 Speaker 1: jury returned to the courtroom on October first, but they 571 00:41:45,440 --> 00:41:48,960 Speaker 1: still had no verdict. They were hopelessly stuck, they told 572 00:41:49,040 --> 00:41:53,560 Speaker 1: Judge Walker, and could not reach a unanimous verdict. Reluctantly, 573 00:41:54,120 --> 00:41:58,440 Speaker 1: he declared a mistrial. Later, it would emerge that the 574 00:41:58,520 --> 00:42:01,600 Speaker 1: jurors had voted seven to five in favor of conviction 575 00:42:01,760 --> 00:42:05,120 Speaker 1: on the charge of conspiracy to commit criminal libel and 576 00:42:05,239 --> 00:42:10,200 Speaker 1: eight to four on conspiracy to publish obscenity. Now the 577 00:42:10,280 --> 00:42:14,319 Speaker 1: government had the option to retry Confidential, but did they 578 00:42:14,400 --> 00:42:26,440 Speaker 1: want to publicly? California Attorney General Pat Brown was quick 579 00:42:26,480 --> 00:42:30,399 Speaker 1: to declare his desire for a retrial, but privately he 580 00:42:30,480 --> 00:42:32,920 Speaker 1: wanted the whole thing to be over and done with, 581 00:42:33,400 --> 00:42:35,799 Speaker 1: and so did the studios who had first urged him 582 00:42:35,840 --> 00:42:40,120 Speaker 1: to take the case. The trial had been expensive and exhausting. 583 00:42:40,840 --> 00:42:44,040 Speaker 1: He wrote to Prosecutor Clarence Lynn on October ninth and 584 00:42:44,280 --> 00:42:48,480 Speaker 1: urged him to settle the case with Confidential. Publicly, Robert 585 00:42:48,520 --> 00:42:52,200 Speaker 1: Harrison was thrilled by the trial's outcome. He threw a 586 00:42:52,280 --> 00:42:55,240 Speaker 1: lavish dinner to celebrate Arthur Crowley in New York City 587 00:42:55,560 --> 00:43:01,360 Speaker 1: and hired a violin player to serenade him privately. Was terrified. 588 00:43:02,360 --> 00:43:06,480 Speaker 1: The first trial had cost him an estimated three and 589 00:43:06,600 --> 00:43:11,680 Speaker 1: a half million dollars in legal fees in today's money. 590 00:43:11,880 --> 00:43:15,400 Speaker 1: He was worried that another trial would ruin him and 591 00:43:15,560 --> 00:43:20,279 Speaker 1: perhaps even land his niece Marjorie in jail. So when 592 00:43:20,280 --> 00:43:24,200 Speaker 1: the prosecutors reached out to discuss a deal, Harrison was receptive. 593 00:43:25,000 --> 00:43:28,799 Speaker 1: The lawyers got to work hammering out terms. Meanwhile, Pat 594 00:43:28,840 --> 00:43:32,120 Speaker 1: Brown announced his run for governor. He was elected less 595 00:43:32,160 --> 00:43:36,520 Speaker 1: than a year later and served two terms. On November twelfth, 596 00:43:36,640 --> 00:43:41,279 Speaker 1: Judge Burton Noble approved a proposed deal between California and Confidential. 597 00:43:42,000 --> 00:43:45,120 Speaker 1: The terms were simple. The state would drop all charges 598 00:43:45,400 --> 00:43:49,080 Speaker 1: except the count of conspiracy to publish obscenity. A judge 599 00:43:49,120 --> 00:43:52,960 Speaker 1: would determine the magazine's guilt on this charge based on 600 00:43:53,080 --> 00:43:57,480 Speaker 1: the grand jury and trial transcripts. In exchange for the 601 00:43:57,560 --> 00:44:02,200 Speaker 1: reduced charges, Confidential agreed to stop publishing exposes about celebrities. 602 00:44:02,800 --> 00:44:05,880 Speaker 1: They also agreed to take out ads publicly announcing this 603 00:44:06,040 --> 00:44:11,399 Speaker 1: change in editorial direction. In December, Judge Noble found Confidential 604 00:44:11,520 --> 00:44:15,680 Speaker 1: and her sister magazine whisper guilty of conspiring to publish obscenity. 605 00:44:16,440 --> 00:44:20,319 Speaker 1: Each magazine was fined five thousand dollars. Where were the 606 00:44:20,360 --> 00:44:24,720 Speaker 1: studios in all of this? During the trial, Now aware 607 00:44:24,840 --> 00:44:29,120 Speaker 1: that taking the legal route ran the risk of unwelcome exposure, 608 00:44:29,800 --> 00:44:36,800 Speaker 1: the studios had created another internal anti scandal magazine committee members, 609 00:44:37,080 --> 00:44:42,640 Speaker 1: including a politically ambitious actor named Ronald Reagan, brainstormed measures 610 00:44:42,640 --> 00:44:47,040 Speaker 1: to fight Confidential and its cronies. In mid October, they 611 00:44:47,080 --> 00:44:51,359 Speaker 1: announced a campaign to root out magazine informants. We will 612 00:44:51,440 --> 00:44:55,640 Speaker 1: organize effective opposition to fight these people, writers, said one 613 00:44:55,640 --> 00:45:04,640 Speaker 1: committee member. But their efforts proved unnecessary because though Confidential 614 00:45:04,680 --> 00:45:07,239 Speaker 1: had made it through the trial, they had not come 615 00:45:07,280 --> 00:45:11,280 Speaker 1: out of the battle unscathed. In the spring of nineteen 616 00:45:11,320 --> 00:45:14,720 Speaker 1: fifty eight, the magazine revealed its new approach to readers. 617 00:45:15,520 --> 00:45:18,320 Speaker 1: We're quitting the area of private affairs for the arena 618 00:45:18,360 --> 00:45:22,600 Speaker 1: of public affairs. Read the announcement. If wiseacres say we've 619 00:45:22,640 --> 00:45:26,919 Speaker 1: retreated from the bedroom, we'll say, yes, that's true. From 620 00:45:26,920 --> 00:45:29,880 Speaker 1: now on, we'll search the thoroughfares of the globe for 621 00:45:30,000 --> 00:45:34,880 Speaker 1: stories of public interest. These so called public interest stories 622 00:45:35,320 --> 00:45:38,960 Speaker 1: including gems like what's wrong with the oil burner in 623 00:45:39,000 --> 00:45:43,120 Speaker 1: the White House Basement and Penicillin Can Save Your Life. 624 00:45:43,880 --> 00:45:49,040 Speaker 1: Unsurprisingly failed to interest the public at all. Circulation numbers 625 00:45:49,280 --> 00:45:55,400 Speaker 1: collapsed after three issues of the new Confidential. Robert Harrison 626 00:45:55,480 --> 00:45:59,440 Speaker 1: had had enough. He wanted a magazine that drew attention, 627 00:46:00,040 --> 00:46:03,440 Speaker 1: that started conversations, and most of all, that made money. 628 00:46:04,200 --> 00:46:08,160 Speaker 1: Under their restrictions placed by the California Deal, Confidential could 629 00:46:08,160 --> 00:46:12,360 Speaker 1: no longer be that magazine. Plus Harrison was now facing 630 00:46:12,440 --> 00:46:16,400 Speaker 1: a number of celebrity libel lawsuits. He announced that he 631 00:46:16,480 --> 00:46:20,760 Speaker 1: was selling the magazine. The new publisher tried to revive interest, 632 00:46:20,960 --> 00:46:25,400 Speaker 1: but couldn't find an audience. The magazine steadily lost readership 633 00:46:25,640 --> 00:46:30,520 Speaker 1: and eventually folded. Many people saw Confidential's collapse as a 634 00:46:30,600 --> 00:46:35,239 Speaker 1: victory for American morality. One newspaper editorial put it like this, 635 00:46:36,239 --> 00:46:39,520 Speaker 1: these magazines still may not be fit for most living rooms, 636 00:46:40,000 --> 00:46:42,080 Speaker 1: but it is generally agreed that they are not quite 637 00:46:42,080 --> 00:46:45,160 Speaker 1: so bad as they were before. The heavy expenses of 638 00:46:45,200 --> 00:46:48,080 Speaker 1: the trial appear to have made the publishers and editors 639 00:46:48,080 --> 00:46:53,320 Speaker 1: of Confidential and her scandalous sisters more conscious of their responsibilities. 640 00:46:54,600 --> 00:46:58,440 Speaker 1: But other observers were concerned about the potential chilling effects 641 00:46:58,440 --> 00:47:03,000 Speaker 1: of the trial, the journalist Maurice Solitau expressed these fears 642 00:47:04,400 --> 00:47:08,400 Speaker 1: governmental power has been used to alter the editorial content 643 00:47:08,480 --> 00:47:11,680 Speaker 1: of a national magazine. It has been shown that the 644 00:47:11,719 --> 00:47:15,759 Speaker 1: cost of defending such a charge is so expensive that 645 00:47:15,800 --> 00:47:20,560 Speaker 1: by merely threatening an indefinite series of prosecutions, any publication 646 00:47:20,680 --> 00:47:24,240 Speaker 1: can be put to death. Regardless of one's personal opinion 647 00:47:24,239 --> 00:47:27,680 Speaker 1: of Confidential, many may regard the use of the judicial 648 00:47:27,719 --> 00:47:32,000 Speaker 1: power to muzzle a magazine any magazine, as an act 649 00:47:32,040 --> 00:47:39,080 Speaker 1: discouraging freedom and controversy. Fortunately, Zlatao's views were not immediately realized. 650 00:47:39,840 --> 00:47:43,320 Speaker 1: In the decade after the Confidential trial, the American public 651 00:47:43,360 --> 00:47:46,799 Speaker 1: and the judicial system seemed to lose their appetite for censorship. 652 00:47:47,560 --> 00:47:50,880 Speaker 1: Many of the local and state level literature review boards 653 00:47:51,200 --> 00:47:55,759 Speaker 1: which served as de facto censorship organizations, disbanded, usually due 654 00:47:55,840 --> 00:47:59,680 Speaker 1: to court rulings against them, but censorship has never fully 655 00:47:59,760 --> 00:48:03,400 Speaker 1: vanied from our landscape. Recently, the country has seen a 656 00:48:03,520 --> 00:48:06,480 Speaker 1: rise in community efforts to ban or censor books from 657 00:48:06,480 --> 00:48:11,200 Speaker 1: public and school libraries. The American Library Association reported in 658 00:48:11,239 --> 00:48:14,279 Speaker 1: September twenty twenty three that the first eight months of 659 00:48:14,320 --> 00:48:18,000 Speaker 1: that year contained the highest number of book challenges since 660 00:48:18,000 --> 00:48:21,000 Speaker 1: it began recording the data in two thousand and three, 661 00:48:21,080 --> 00:48:25,080 Speaker 1: the number of book challenges had already nearly doubled between 662 00:48:25,120 --> 00:48:30,319 Speaker 1: twenty twenty one and twenty twenty two. Unlike Confidential, which 663 00:48:30,400 --> 00:48:35,319 Speaker 1: was invested in reinforcing racist, homophobic, and sexist stereotypes, most 664 00:48:35,360 --> 00:48:38,480 Speaker 1: of the publications being challenged today are those that explore 665 00:48:38,760 --> 00:48:42,560 Speaker 1: or are supportive of gender, racial, and sexual diversity. But 666 00:48:42,680 --> 00:48:45,319 Speaker 1: the question at the heart of all these challenges has 667 00:48:45,400 --> 00:48:49,359 Speaker 1: remained the same. Who chooses what the public gets to read? 668 00:48:49,840 --> 00:48:54,000 Speaker 1: The American Library Associations Deborah Caldwell Stone is a statement 669 00:48:54,040 --> 00:48:58,440 Speaker 1: about book challenges. Said quote, to allow a group of people, 670 00:48:58,719 --> 00:49:02,239 Speaker 1: or any individual, no matter how powerful or allowed, to 671 00:49:02,280 --> 00:49:04,960 Speaker 1: become the decision maker about what books we can read 672 00:49:05,400 --> 00:49:08,480 Speaker 1: or whether libraries exist, is to place all of our 673 00:49:08,560 --> 00:49:12,359 Speaker 1: rights and liberties in jeopardy, Or, as Arthur Crowley put 674 00:49:12,400 --> 00:49:15,600 Speaker 1: it in the Confidential Trial, who is the prosecutor to 675 00:49:15,600 --> 00:49:22,719 Speaker 1: tell you what you can and can't read? There are 676 00:49:22,719 --> 00:49:27,440 Speaker 1: some lighter parallels between Confidential and today too. Though Confidential 677 00:49:27,480 --> 00:49:30,400 Speaker 1: itself may not have lasted long, it set the tone 678 00:49:30,440 --> 00:49:33,320 Speaker 1: for nearly all of the celebrity gossip we consume today. 679 00:49:34,160 --> 00:49:38,520 Speaker 1: Before Confidential and other scandal magazines like it. Hollywood stars 680 00:49:38,560 --> 00:49:43,760 Speaker 1: had highly polished images. Confidential revealed the truth behind the glamour. 681 00:49:44,719 --> 00:49:47,680 Speaker 1: Once the truth was out, there was no going back, 682 00:49:48,200 --> 00:49:51,760 Speaker 1: and many stars decided that it was better to capitalize 683 00:49:51,800 --> 00:49:54,960 Speaker 1: on the public's interest in their foibles than try to 684 00:49:55,000 --> 00:49:59,280 Speaker 1: deny them. In nineteen sixty four, Robert Harrison was profiled 685 00:49:59,320 --> 00:50:02,560 Speaker 1: in esquire Ma magazine and told the reporter quote, you 686 00:50:02,600 --> 00:50:06,120 Speaker 1: couldn't put out a magazine like Confidential again because movie 687 00:50:06,120 --> 00:50:09,799 Speaker 1: stars have started writing books about themselves. They tell all. 688 00:50:10,280 --> 00:50:14,760 Speaker 1: No magazine can compete with that. Many magazines, of course, 689 00:50:14,880 --> 00:50:19,359 Speaker 1: have tried. From confidentials Ashes Rose Publications has varied as 690 00:50:19,520 --> 00:50:23,000 Speaker 1: The National Inquirer and People Magazine, as well as online 691 00:50:23,040 --> 00:50:26,960 Speaker 1: gossip sites like TMZ and television programs like Entertainment Tonight. 692 00:50:27,960 --> 00:50:32,400 Speaker 1: Robert Harrison, for all his quirks, knew what news sold, 693 00:50:32,920 --> 00:50:35,960 Speaker 1: and as I sit here now telling the story of 694 00:50:36,000 --> 00:50:40,560 Speaker 1: the hidden forces at work behind his magazine's trial, I 695 00:50:40,640 --> 00:50:44,319 Speaker 1: can't help but think of some of his words. I 696 00:50:44,480 --> 00:50:49,160 Speaker 1: sincerely believe the basic vehicle of the story behind the 697 00:50:49,239 --> 00:50:53,399 Speaker 1: story will be here long after we are all dead. 698 00:50:55,480 --> 00:50:59,319 Speaker 1: That's the story of California. V Confidential Stay with Me 699 00:50:59,400 --> 00:51:01,800 Speaker 1: after the Break to learn more about the tragic rise 700 00:51:01,840 --> 00:51:04,839 Speaker 1: and fall of one of the magazine's star writers, who 701 00:51:04,840 --> 00:51:11,839 Speaker 1: embodied many of the nineteen fifties darkest trends. In the 702 00:51:11,880 --> 00:51:15,799 Speaker 1: spring of nineteen fifty three, Robert Harrison was looking for 703 00:51:15,840 --> 00:51:18,239 Speaker 1: a reporter to write a hit piece about one of 704 00:51:18,280 --> 00:51:22,040 Speaker 1: his loudest critics, the New York Post editor James Wexler. 705 00:51:22,920 --> 00:51:26,640 Speaker 1: None of his usual freelancers would do. Harrison wanted to 706 00:51:26,719 --> 00:51:30,879 Speaker 1: highlight Wexler's youthful membership in the Young Communist League, and 707 00:51:31,040 --> 00:51:34,360 Speaker 1: thus wanted a noted anti communist journalist to write the piece. 708 00:51:35,200 --> 00:51:37,600 Speaker 1: So he reached out to the source of all things 709 00:51:37,640 --> 00:51:43,920 Speaker 1: anti communists, the office of Senator Joe McCarthy. Three years earlier, 710 00:51:44,120 --> 00:51:47,120 Speaker 1: McCarthy had made national news by declaring that he had 711 00:51:47,160 --> 00:51:50,520 Speaker 1: a list of hundreds of Communists working at the State Department. 712 00:51:51,600 --> 00:51:56,759 Speaker 1: Since then, he had ruthlessly and often baselessly accused hundreds 713 00:51:56,760 --> 00:52:01,759 Speaker 1: more Americans of Communist sympathies, ruining reputations and lives with 714 00:52:01,840 --> 00:52:05,600 Speaker 1: his hearings in the Senate. One of the main sources 715 00:52:05,640 --> 00:52:08,840 Speaker 1: of information for these hearings was a prominent anti communist 716 00:52:08,920 --> 00:52:13,359 Speaker 1: journalist named Howard Rushmore, who now worked for McCarthy. When 717 00:52:13,440 --> 00:52:16,680 Speaker 1: Robert Harrison called McCarthy's office in the spring of nineteen 718 00:52:16,719 --> 00:52:19,799 Speaker 1: fifty three, it was with Rushmore that he wished to 719 00:52:19,840 --> 00:52:24,080 Speaker 1: be connected. Rushmore had not always been an anti communist. 720 00:52:24,800 --> 00:52:29,120 Speaker 1: In fact, he had once been a passionate communist. Born 721 00:52:29,160 --> 00:52:33,480 Speaker 1: on July second, nineteen twelve, in Sheridan, Wyoming, Rushmore grew 722 00:52:33,560 --> 00:52:37,799 Speaker 1: up in profound poverty. As a young reporter in Missouri, 723 00:52:38,080 --> 00:52:41,640 Speaker 1: he had been radicalized by witnessing both terrible working conditions 724 00:52:41,920 --> 00:52:45,400 Speaker 1: and the lynching of a young black man. Rushmore was 725 00:52:45,480 --> 00:52:48,920 Speaker 1: desperate for a better world and admired the conviction with 726 00:52:48,960 --> 00:52:54,120 Speaker 1: which communist organizations railed against injustice. By the nineteen thirties, 727 00:52:54,280 --> 00:52:57,400 Speaker 1: he was prominent in the communist movement and served as 728 00:52:57,480 --> 00:53:01,680 Speaker 1: film critic for the major communist newspaper, Daily Worker. But 729 00:53:01,760 --> 00:53:05,359 Speaker 1: in nineteen thirty nine, Rushmore had a catastrophic falling out 730 00:53:05,400 --> 00:53:08,319 Speaker 1: with the Communist Party over his positive review of the 731 00:53:08,360 --> 00:53:12,440 Speaker 1: film Gone with the Wind. Other Daily Worker employees accused 732 00:53:12,520 --> 00:53:16,920 Speaker 1: him of being racist and of sympathizing with the Confederacy. Outraged, 733 00:53:17,080 --> 00:53:20,719 Speaker 1: Rushmore left both the paper and the Party and decided 734 00:53:20,719 --> 00:53:25,800 Speaker 1: to devote himself to destroying communism in America. His rise 735 00:53:25,880 --> 00:53:28,960 Speaker 1: in the anti communist movement was just as swift as 736 00:53:29,000 --> 00:53:31,960 Speaker 1: it had been in the communist movement. He was hired 737 00:53:31,960 --> 00:53:35,160 Speaker 1: by the right wing journal American Newspaper and became the 738 00:53:35,200 --> 00:53:39,480 Speaker 1: country's first full time reporter on the communist movement. By 739 00:53:39,480 --> 00:53:43,680 Speaker 1: the nineteen forties, With his anti communist expertise established, Rushmore 740 00:53:43,680 --> 00:53:47,759 Speaker 1: became a popular witness for government investigations. He was a 741 00:53:47,840 --> 00:53:51,360 Speaker 1: key witness in the House on American Activities Committees' hearings 742 00:53:51,360 --> 00:53:55,640 Speaker 1: on communism in Hollywood. In nineteen fifty three, Senator McCarthy 743 00:53:55,719 --> 00:54:03,319 Speaker 1: made Rushmore his research director. His power seemed limitless, but 744 00:54:03,520 --> 00:54:07,759 Speaker 1: under the surface cracks were appearing. Rushmore was an alcoholic 745 00:54:07,840 --> 00:54:12,640 Speaker 1: with violent tendencies. He had a prickly personality, a combative nature, 746 00:54:12,840 --> 00:54:16,160 Speaker 1: and a condescending manner. He also had a tendency to 747 00:54:16,200 --> 00:54:20,240 Speaker 1: fabricate evidence. Once, he had claimed to have an FBI 748 00:54:20,360 --> 00:54:23,799 Speaker 1: report showing that whe hundred and fifty government employees in 749 00:54:23,960 --> 00:54:27,759 Speaker 1: Washington State were Soviet spies. When the FBI asked him 750 00:54:27,800 --> 00:54:30,400 Speaker 1: to produce this report, he gave them a letter he 751 00:54:30,520 --> 00:54:34,000 Speaker 1: himself had written, and he would eventually lose his job 752 00:54:34,040 --> 00:54:36,640 Speaker 1: with McCarthy after it was revealed that he was using 753 00:54:36,680 --> 00:54:39,680 Speaker 1: private testimony from the Scent hearings for his articles in 754 00:54:39,719 --> 00:54:44,280 Speaker 1: The Journal American. After agreeing to write that first article 755 00:54:44,400 --> 00:54:49,000 Speaker 1: for Confidential onn Wexler, Rushmore had contributed occasionally to the magazine, 756 00:54:49,440 --> 00:54:53,319 Speaker 1: writing mainly anti communist expose is Like the Strange Death 757 00:54:53,360 --> 00:54:58,080 Speaker 1: of J. Robert Oppenheimer's Red Sweetheart. Rushmore thought the tabloid 758 00:54:58,080 --> 00:55:00,960 Speaker 1: business was beneath him, but when and the Journal American 759 00:55:01,080 --> 00:55:05,359 Speaker 1: fired him in nineteen fifty four over personality and pay disputes, 760 00:55:05,760 --> 00:55:11,320 Speaker 1: he came to Confidential full time. Eventually, Rushmore became Confidential's 761 00:55:11,400 --> 00:55:15,279 Speaker 1: chief editor. His main passion was exposes of stars for 762 00:55:15,360 --> 00:55:20,440 Speaker 1: communist leanings or homosexuality, but he'd chafed against Harrison's requirements 763 00:55:20,440 --> 00:55:22,960 Speaker 1: that he also report on what Rushmore saw as a 764 00:55:23,000 --> 00:55:27,480 Speaker 1: less consequential celebrity gossip. In turn, Harrison was annoyed by 765 00:55:27,560 --> 00:55:32,080 Speaker 1: Rushmore's obsessive focus on politics. By nineteen fifty five, the 766 00:55:32,120 --> 00:55:35,320 Speaker 1: two men had fallen out, and Rushmore left the magazine 767 00:55:35,360 --> 00:55:39,839 Speaker 1: that September under less than amicable terms, though Confidential gave 768 00:55:39,880 --> 00:55:43,239 Speaker 1: him severan's pay and promised to assume liability for any 769 00:55:43,320 --> 00:55:47,200 Speaker 1: libel suits on articles published under his watch, as he 770 00:55:47,239 --> 00:55:50,640 Speaker 1: had done with the Communist Party. Rushmore became determined to 771 00:55:50,719 --> 00:55:54,520 Speaker 1: destroy the organization he felt spurned by. He took his 772 00:55:54,640 --> 00:55:58,719 Speaker 1: severance pay and bought a plane ticket to California, where 773 00:55:58,760 --> 00:56:01,840 Speaker 1: he met up with an A. Turneri, who was representing several 774 00:56:01,920 --> 00:56:06,480 Speaker 1: celebrities in suits against the magazine. He would eventually testify 775 00:56:06,600 --> 00:56:10,000 Speaker 1: at Pat Brown's grand jury hearings, where his testimony that 776 00:56:10,200 --> 00:56:12,960 Speaker 1: quote some of the stories are true and some have 777 00:56:13,120 --> 00:56:15,560 Speaker 1: nothing to back them up at all, would go a 778 00:56:15,600 --> 00:56:18,239 Speaker 1: long way towards convincing the grand jury to bring an 779 00:56:18,239 --> 00:56:23,719 Speaker 1: indictment against Confidential. At the trial, Rushmore testified for the prosecution, 780 00:56:24,200 --> 00:56:28,720 Speaker 1: continuing his assault on the magazine. When Arthur Crowley pressed 781 00:56:28,800 --> 00:56:32,200 Speaker 1: Rushmore on cross about his goals in writing for Confidential, 782 00:56:32,680 --> 00:56:36,640 Speaker 1: asking did you have this specific intention yourself to injure someone? 783 00:56:37,280 --> 00:56:41,400 Speaker 1: The lawyer clearly expected a no, but Rushmore shocked Crowley 784 00:56:41,400 --> 00:56:45,560 Speaker 1: in the courtroom by replying, I certainly did. Though Rushmore 785 00:56:45,600 --> 00:56:48,640 Speaker 1: seemingly got what he wanted with the destruction of Confidential, 786 00:56:49,320 --> 00:56:52,919 Speaker 1: the trial also ruined him. This was the second time 787 00:56:53,000 --> 00:56:56,439 Speaker 1: he had publicly turned against an organization that had employed him, 788 00:56:56,920 --> 00:57:00,560 Speaker 1: and no one could trust him anymore. THEO. Willson, who 789 00:57:00,600 --> 00:57:03,000 Speaker 1: reported on the trial for the New York Daily News, 790 00:57:03,520 --> 00:57:08,680 Speaker 1: called Rushmore quote a professional turncoat on the skids. He 791 00:57:08,760 --> 00:57:12,960 Speaker 1: was unemployable, unlikable, and sinking ever deeper into the bottle. 792 00:57:13,840 --> 00:57:17,000 Speaker 1: When prosecutor Clarence Lynn approached Rushmore in the fall of 793 00:57:17,080 --> 00:57:20,920 Speaker 1: nineteen fifty seven about testifying in a potential confidential retrial, 794 00:57:21,520 --> 00:57:25,120 Speaker 1: he found a broken man, he told me. Lynn said 795 00:57:25,560 --> 00:57:28,480 Speaker 1: that he thought he had been ruined by his activities 796 00:57:28,480 --> 00:57:32,360 Speaker 1: in the Confidential trial. Much of Rushmore's anger ended up 797 00:57:32,400 --> 00:57:35,800 Speaker 1: being channeled against his wife, Francis, who he physically abused. 798 00:57:36,760 --> 00:57:41,400 Speaker 1: On January third, nineteen fifty eight, the worst happened. Rushmore 799 00:57:41,520 --> 00:57:44,360 Speaker 1: killed Francis and then himself in a taxi in New 800 00:57:44,440 --> 00:57:48,600 Speaker 1: York City. Robert Harrison received the news in another taxi 801 00:57:49,000 --> 00:57:51,360 Speaker 1: on his way home from the airport. The driver asked 802 00:57:51,440 --> 00:57:53,840 Speaker 1: him if he'd heard the news that the publisher of 803 00:57:53,880 --> 00:57:57,760 Speaker 1: Confidential had just shot himself. Harrison, who was actually the 804 00:57:57,760 --> 00:58:02,440 Speaker 1: publisher of Confidential, was baffled. Howard Rushmore's story is a 805 00:58:02,480 --> 00:58:05,760 Speaker 1: sad and sordid one, but his journey also tells us 806 00:58:05,840 --> 00:58:08,480 Speaker 1: so much about the country he lived in. As a 807 00:58:08,520 --> 00:58:11,200 Speaker 1: young man, he witnessed terrible things and hoped for a 808 00:58:11,200 --> 00:58:14,560 Speaker 1: better world. When he could not achieve that, he set 809 00:58:14,600 --> 00:58:17,760 Speaker 1: out to watch the world burn. He wrote the progressive 810 00:58:17,800 --> 00:58:21,560 Speaker 1: wave of the nineteen thirties, rallied behind nationalist causes in 811 00:58:21,600 --> 00:58:24,800 Speaker 1: the nineteen forties, and played on fears during the Red 812 00:58:24,840 --> 00:58:28,800 Speaker 1: Scare in the nineteen fifties. He recognized the country's interest 813 00:58:28,880 --> 00:58:31,920 Speaker 1: in celebrities, and he made money off of it, but 814 00:58:32,000 --> 00:58:35,440 Speaker 1: it sickened him too. He was a mess of contradictions, 815 00:58:35,640 --> 00:58:39,440 Speaker 1: a difficult man, and despite his protests that Confidential was 816 00:58:39,440 --> 00:58:42,520 Speaker 1: beneath him, there is probably no better avatar for the 817 00:58:42,560 --> 00:58:48,680 Speaker 1: magazine's potent brand of scandal. Thank you for listening to 818 00:58:48,840 --> 00:58:52,560 Speaker 1: History on Trial. The main sources for this episode were 819 00:58:52,600 --> 00:58:58,040 Speaker 1: Samantha Barbas's book Confidential Confidential, The Inside Story of Hollywood's 820 00:58:58,120 --> 00:59:03,320 Speaker 1: notorious scandal magazine and Henry E. Scott's book Shocking True 821 00:59:03,400 --> 00:59:08,160 Speaker 1: Story The Rise and Fall of Confidential, America's most scandalous 822 00:59:08,240 --> 00:59:11,760 Speaker 1: scandal magazine. For a full bibliography, as well as a 823 00:59:11,760 --> 00:59:15,680 Speaker 1: transcript of this episode with citations, please visit History on 824 00:59:16,000 --> 00:59:21,960 Speaker 1: Trial podcast dot com. History on Trial is written and 825 00:59:22,040 --> 00:59:25,800 Speaker 1: hosted by me Mira Hayward. The show is edited and 826 00:59:25,880 --> 00:59:29,840 Speaker 1: produced by Jesse Funk, with supervising producer Trevor Young and 827 00:59:29,960 --> 00:59:35,760 Speaker 1: executive producers Dana Schwartz, Alexander Williams, Matt Frederick, and Mira Hayward. 828 00:59:36,320 --> 00:59:39,560 Speaker 1: Learn more about the show at History on Trial podcast 829 00:59:39,760 --> 00:59:43,400 Speaker 1: dot com and follow us on Instagram at History on 830 00:59:43,520 --> 00:59:48,920 Speaker 1: Trial and on Twitter at Underscore History on Trial. Find 831 00:59:48,960 --> 00:59:54,280 Speaker 1: more podcasts from iHeartRadio by visiting the iHeartRadio app, Apple Podcasts, 832 00:59:54,640 --> 00:59:57,440 Speaker 1: or wherever you listen to your favorite shows.