File – In this Feb. 9, 1965 file photo, Malcolm X is shown at London Airport, after he was barred from entering France. A New York judge is set to hear arguments by heirs of Malcolm X who seek to stop a Chicago company from publishing the activist leader’s diaries. Lawyers for the heirs plan to tell a federal judge in Manhattan Friday, Nov. 22, 2013, that Third World Press in Chicago does not have the right to publish “The Diary of Malcolm X.” (AP Photo/Victor Boynton, File)
NEW YORK (AP) — A federal judge on Friday extended her ban on sales of a book containing Malcolm X’s diaries until evidence in a court challenge can be heard next year.
U.S. District Judge Laura Taylor Swain in Manhattan warned a lawyer for Third World Press that the company could face contempt of court proceedings if it fails to obey the order.
The judge blocked sales of the book Oct. 8 after heirs of Malcolm X sued the publisher, saying the Chicago company was infringing on their rights.
Attorney L. Londell McMillan told Swain that the book, “The Diary of Malcolm X,” has been spotted for sale online despite her order.
He said there was “no indication Third World Press has any intention to stop what they’re doing.”
However, attorney Matthew Brinkerhoff said the publisher canceled a Nov. 15 event to announce publication of the book and had removed copies of it from the marketplace after Swain signed the order.
“As far as I know, there are no books out there being sold,” he said.
Brinkerhoff said the book was created after one of Malcolm X’s six daughters signed a contract in March granting publishing rights.
Adam B. Oppenheim, another lawyer for the heirs, told the judge that no rights could be granted unless all family members agreed.
The heirs have said they plan to release the diaries in two years on the 50th anniversary of Malcolm X’s 1965 assassination.
The next court date was set for late January.