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Assembly Position On Genocide Denial Case Reinforced By Sixth Circui

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  • Assembly Position On Genocide Denial Case Reinforced By Sixth Circui

    ASSEMBLY POSITION ON GENOCIDE DENIAL CASE REINFORCED BY SIXTH CIRCUIT COURT RULING

    ArmrRadio.am
    18.04.2006 11:53

    A recent US 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.

    To remind, 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."
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