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Armenian Assembly of America
1140 19th Street, NW, Suite 600
Washington, DC 20036
Phone: 202-393-3434
Fax: 202-638-4904
Email: [email protected]
Web: www.armenianassembly.org
PRESS RELEASE
FOR IMMEDIATE RELEASE
April 17, 2006
CONTACT: Christine Kojoian
E-mail: [email protected]
ASSEMBLY POSITION ON MASS. GENOCIDE DENIAL CASE REINFORCED BY SIXTH CIRCUIT COURT RULING
Washington, DC -- A recent U.S. Sixth Circuit Court decision virtually
echoed the language used by the Armenian Assembly in its amicus curiae
("friend of the court") brief in the Massachusetts Genocide Denial
Case, when it ruled that a state, has in effect, broad discretion
in determining the appropriate framework on policy issues of public
interest.
Ruling that the state of Tennessee can put on its license plates any
message it chooses, the Court said that the tags are "government
speech" and "not a public forum," and that nothing in the First
Amendment prohibits it.
It went on to say: "Although this exercise of government one-sidedness
with respect to a very contentious political issue may be ill-advised,
we are unable to conclude that the Tennessee statute contravenes the
First Amendment," Judge John M. Rogers said in his ruling.
Last month, the Assembly filed an amicus brief in response to a
lawsuit brought by the Assembly of Turkish American Associations
(ATAA) and others who are attempting to rewrite history with respect
to the Armenian Genocide. The brief states in part: "There is no
First Amendment basis for objecting to the government's choice in a
curricular guide simply because it expresses a viewpoint with which
the plaintiffs disagree. Indeed, the fundamental flaw in plaintiffs
suit, and the reason why it must be dismissed, is that the Curricular
Guide is government speech and there is no First Amendment basis for
objecting when the government chooses to speak."
Citing a Fifth U.S. Circuit Court decision, the Assembly brief
further says, "The Supreme Court repeatedly has emphasized that the
government may speak and that there is no basis for a First Amendment
claim objecting to the government's expressive choices."
The Assembly brief also said: "As the Fifth Circuit recently declared:
The government undoubtedly has the authority to control its own
message when it speaks or advocates a position it believes is in the
public interest."
". . .the Curricular Guide is speech by the government, and the law
is absolutely clear that government speech inherently does not violate
the First Amendment," the brief continues.
The ATAA lawsuit seeks the right to inject genocide denial materials
into the Massachusetts school curriculum and claims that doing so
is a violation of the "freedom of speech" protection of the First
Amendment to the U.S. Constitution.
The Armenian Assembly is the largest Washington-based nationwide
organization promoting public understanding and awareness of Armenian
issue. It is a 501(c)(3) tax-exempt membership organization.
####
NR#2006-034
From: Emil Lazarian | Ararat NewsPress
1140 19th Street, NW, Suite 600
Washington, DC 20036
Phone: 202-393-3434
Fax: 202-638-4904
Email: [email protected]
Web: www.armenianassembly.org
PRESS RELEASE
FOR IMMEDIATE RELEASE
April 17, 2006
CONTACT: Christine Kojoian
E-mail: [email protected]
ASSEMBLY POSITION ON MASS. GENOCIDE DENIAL CASE REINFORCED BY SIXTH CIRCUIT COURT RULING
Washington, DC -- A recent U.S. Sixth Circuit Court decision virtually
echoed the language used by the Armenian Assembly in its amicus curiae
("friend of the court") brief in the Massachusetts Genocide Denial
Case, when it ruled that a state, has in effect, broad discretion
in determining the appropriate framework on policy issues of public
interest.
Ruling that the state of Tennessee can put on its license plates any
message it chooses, the Court said that the tags are "government
speech" and "not a public forum," and that nothing in the First
Amendment prohibits it.
It went on to say: "Although this exercise of government one-sidedness
with respect to a very contentious political issue may be ill-advised,
we are unable to conclude that the Tennessee statute contravenes the
First Amendment," Judge John M. Rogers said in his ruling.
Last month, the Assembly filed an amicus brief in response to a
lawsuit brought by the Assembly of Turkish American Associations
(ATAA) and others who are attempting to rewrite history with respect
to the Armenian Genocide. The brief states in part: "There is no
First Amendment basis for objecting to the government's choice in a
curricular guide simply because it expresses a viewpoint with which
the plaintiffs disagree. Indeed, the fundamental flaw in plaintiffs
suit, and the reason why it must be dismissed, is that the Curricular
Guide is government speech and there is no First Amendment basis for
objecting when the government chooses to speak."
Citing a Fifth U.S. Circuit Court decision, the Assembly brief
further says, "The Supreme Court repeatedly has emphasized that the
government may speak and that there is no basis for a First Amendment
claim objecting to the government's expressive choices."
The Assembly brief also said: "As the Fifth Circuit recently declared:
The government undoubtedly has the authority to control its own
message when it speaks or advocates a position it believes is in the
public interest."
". . .the Curricular Guide is speech by the government, and the law
is absolutely clear that government speech inherently does not violate
the First Amendment," the brief continues.
The ATAA lawsuit seeks the right to inject genocide denial materials
into the Massachusetts school curriculum and claims that doing so
is a violation of the "freedom of speech" protection of the First
Amendment to the U.S. Constitution.
The Armenian Assembly is the largest Washington-based nationwide
organization promoting public understanding and awareness of Armenian
issue. It is a 501(c)(3) tax-exempt membership organization.
####
NR#2006-034
From: Emil Lazarian | Ararat NewsPress