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AAA: Court Hears Motion To Dismiss Genocide Deniers' Case

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  • AAA: Court Hears Motion To Dismiss Genocide Deniers' Case

    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
    September 19, 2006
    CONTACT: Christine Kojoian
    E-mail: [email protected]

    COURT HEARS MOTION TO DISMISS GENOCIDE DENIERS' CASE

    Armenian Assembly Argues As "Friend of the Court"

    Washington, DC - In U.S. District Court in Boston yesterday, Assistant
    Attorney General William Porter argued for the dismissal of a lawsuit
    brought by a Turkish group and others seeking to reinsert genocide
    denial materials into the Massachusetts school human rights curriculum
    guide. In support of the Attorney General's position, the Armenian
    Assembly filed an amicus curiae (friend of the court) brief, and
    argued for the rights of the defendants to recommend teaching the
    facts of the Armenian Genocide.

    The lawsuit, filed last year by the Assembly of Turkish American
    Associations (ATAA), asserts that the Massachusetts Department of
    Education's decision to remove denialist materials in the school
    curriculum guide amounts to "censoring" and therefore would be a
    violation of the First Amendment. Yesterday in court, Assistant
    Attorney General Porter, who represented the Commonwealth, argued
    that the First Amendment cannot be applied to statements by the
    government and said that the Statute of Limitation requires that the
    case be dismissed.

    Furthermore, the state pointed out that the plaintiffs have no
    standing to sue since there was no harm suffered because students and
    teachers may still independently access genocide denial information
    from sources not recommended by the state's curriculum guide.

    The ATAA Web site, which the lobbying group seeks to include in a list
    of educational sources, is available online although not sanctioned in
    the curricular guide. Among the historical distortions on the site is
    the statement that it is "....a fact that more than 2 million Turks
    and Muslims were massacred by the Armenians..."

    "If the plaintiffs succeed with this lawsuit, there will be no stopping
    point for the demands anyone can make for the inclusion in curriculum
    recommendations, no matter how flawed or outrageous," said Attorney
    Arnie Rosenfeld of Kirkpatrick & Lockhart Nicholson Graham LLP, who
    argued the Armenian Assembly's Amicus together with Board of Trustees
    Counselor Van Krikorian.

    Rosenfeld and Krikorian warned that if the court accepts the
    plaintiffs' First Amendment claims, it would open the door for any
    extremist group, such as Holocaust deniers, to challenge curriculum
    matters in court.

    Harvey Silverglate, a Boston-based lawyer representing the ATAA,
    questioned the veracity of the crimes as the "alleged" Armenian
    Genocide in a courtroom full of members of the Armenian community. In
    so doing, he joined the ranks of genocide deniers who seek to question
    the systematic extermination of the Armenians despite the fact that
    there is no credible and scholarly evidence to support such claims.

    Also, Attorney General Gabriel Wolohojian of Wilmer, Cutler, Hale
    and Dorr LLP, represented an Amicus Class including the Armenian Bar
    Association, the Armenian National Committee, the Irish Immigration
    Center, the Jewish Alliance for Law and Justice and the NAACP.

      Armenian Assembly Board of Trustees President Carolyn Mugar, Vice
    President and Counselor Robert A. Kaloosdian, and Executive Committee
    Member Anthony Barsamian also attend the proceedings. Additionally,
    representatives of the Armenian Bar Association, Armenian National
    Committee, International Association of Genocide Scholars, Jewish
    Community Relations Council, Irish Immigration Center, NAACP and the
    American Jewish Committee, were also on hand.

    In 1998, the Massachusetts State Legislature unanimously passed
    legislation requiring the Board of Education to formulate
    guidelines for a curriculum designed to provide instruction on
    several well-documented human rights abuses, including the Armenian
    Genocide. In compliance with this requirement, the Department
    of Education prepared a draft guide and released it for public
    comment. The plaintiffs were afforded opportunities to present their
    materials to the Department of Education. Proposed revisions to
    the draft were considered, in some cases adopted, and in some cases
    rejected. A final guide was then prepared. The ATAA, having failed
    to insert their web site replete with historical distortions and
    inaccuracies, brought forth the lawsuit in another attempt to cover
    up the facts of the Armenian Genocide.

      The Armenian Assembly of America is the largest Washington-based
    nationwide organization promoting public understanding and awareness
    of Armenian issues. It is a 501 (c) (3) tax-exempt membership
    organization.

    ###

    NR#2006-082

    --Boun dary_(ID_r1yTXJxcuhZm3x7U/XjMaA)--
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