Editing Janet Malcolm (section)

=== ''In the Freud Archives'' and the Masson case ===
Articles Malcolm published in ''The New Yorker'' and in her subsequent book ''[[In The Freud Archives]]'' (1984) offered, according to the book's dust jacket, "the narrative of an unlikely, tragic/comic encounter among three men." They were psychoanalyst [[Kurt R. Eissler]], psychoanalyst [[Jeffrey Moussaieff Masson]], and independent Freud scholar [[Peter Swales (historian)|Peter J. Swales]]. The book triggered a legal challenge by Masson, the former project director for the [[Sigmund Freud Archives]].<ref name="theguardian/2011/malcolm-life" /> In his 1984 lawsuit, Masson claimed that Malcolm had [[libel]]ed him by fabricating quotations she attributed to him.<ref>{{Cite news|url=https://www.nytimes.com/1993/05/19/opinion/public-private-quote-unquote.html|title=Public & Private; Quote Unquote|last=Quindlen|first=Anna|date=May 19, 1993|work=The New York Times|access-date=April 30, 2019|language=en-US|issn=0362-4331}}</ref>

In August 1989, [[United States Court of Appeals for the Ninth Circuit]] in [[San Francisco]] agreed with a lower court in dismissing a libel lawsuit that Masson had filed against Malcolm, [[The New Yorker]] and [[Alfred A. Knopf]].<ref name="wapo/1989/08/05/libel-suit-dis">{{cite news |last1=Randolph |first1=Eleanor |title=New Yorker Libel Suit Dismissed |url=https://www.washingtonpost.com/archive/lifestyle/1989/08/05/new-yorker-libel-suit-dismissed/a82f96cd-09f9-422b-9c00-14e96d203d65/ |access-date=10 April 2023 |newspaper=[[Washington Post]] |date=5 August 1989}}</ref>

Malcolm claimed that Masson had called himself an "intellectual [[gigolo]]". She also claimed that he said he wanted to turn the Freud estate into a haven of "sex, women, and fun" and claimed that he was, "after [[Sigmund Freud|Freud]], the greatest analyst that ever lived."<ref>{{cite web |last1=Margolick |first1=David |title=Psychoanalyst Loses Libel Suit Against a New Yorker Reporter |url=https://www.nytimes.com/1994/11/03/us/psychoanalyst-loses-libel-suit-against-a-new-yorker-reporter.html |website=New York Times |date=November 3, 1994}}</ref> Malcolm was unable to produce all the disputed material on tape.<ref name="salon/2000/malcolm" /> The case was partially adjudicated before the [[Supreme Court of the United States|Supreme Court]], which held that the case could go forward for trial by jury.<ref>{{cite web|url=https://www.law.cornell.edu/supct/html/89-1799.ZO.html|title=Masson v. New Yorker Magazine, Inc., 501 U.S. 496 (1991)|work=cornell.edu|access-date=August 27, 2016}}</ref> 

After a decade of proceedings, a jury finally decided in Malcolm's favor on November 2, 1994 on the grounds that, whether or not the quotations were genuine, more evidence would be needed to rule against Malcolm.<ref>{{cite news |url=http://www.robertboynton.com/articleDisplay.php?article_id=20%2F |last=Boynton |first=Robert |title=Till Press Do Us Part: The Trial of Janet Malcolm and Jeffrey Masson. |newspaper=The Village Voice |date=November 28, 1994 |access-date=January 8, 2015 |archive-date=January 9, 2015 |archive-url=https://web.archive.org/web/20150109060722/http://www.robertboynton.com/articleDisplay.php?article_id=20%2F |url-status=dead }}</ref>

In August 1995, Malcolm said that she had discovered a misplaced notebook containing three of the disputed quotes,<ref>{{Cite news|url=https://www.nytimes.com/1995/08/30/arts/malcolm-s-lost-notes-and-a-child-at-play.html|title=Malcolm's Lost Notes And a Child at Play|last=Stout|first=David|date=August 30, 1995|work=The New York Times|access-date=April 30, 2019|language=en-US|issn=0362-4331}}</ref> swearing "an affidavit under penalty of perjury that the notes were genuine."<ref>{{cite news|url=https://query.nytimes.com/gst/fullpage.html?res=990CEEDF153AF933A0575BC0A963958260/ |title=Stout, David, ''The New York Times'', "Malcolm's Notes and a Child at Play", August 30, 1995 |newspaper=New York Times |date=August 30, 1995 |access-date=January 5, 2012}}</ref>