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Turkish Association Appeals Landmark Massachusetts Court Ruling

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  • Turkish Association Appeals Landmark Massachusetts Court Ruling

    Armenian Assembly of America
    1334 G Street, NW, Suite 200
    Washington, DC 20005
    Phone: 202-393-3434
    Fax: 202-638-4904
    Email: [email protected]
    Web: www.aaainc.org

    PRESS RELEASE

    July 14, 2009
    Contact: Michael A Zachariades
    Email: [email protected]
    Phone: (202) 393-3434

    TURKISH ASSOCIATION APPEALS LANDMARK MASSACHUSETTS COURT RULING

    Turkish Denial Campaign Continues in California

    Washington, DC - Last month, the Armenian Assembly of America (Assembly)
    reported that Turkey's ongoing global campaign to suppress the truth
    about the Armenian Genocide was dealt a major blow in a U.S. District
    Court. Chief Judge Mark Wolf issued a ruling in favor of the
    Massachusetts Department of Education (Department), which allows the
    Department to continue teaching the facts of the Armenian Genocide, and
    other crimes against humanity, in public schools across the
    Commonwealth, as constitutionally protected government speech.

    Shortly after this landmark decision, as part of an ongoing campaign to
    derail human rights education, the Assembly of Turkish American
    Associations (ATAA) indicated, through a June 23 letter to the editor of
    the Boston Globe from its attorney Harry Silverglate, that it intended
    to appeal Chief Judge Wolf's decision in the case of Griswold v
    Driscoll. The appeal was officially filed on July 13, in U.S. District
    Court in Massachusetts.

    "The Armenian Assembly appreciates the court's ruling in the matter and
    will work to ensure that it is sustained on appeal. This decision
    clearly demonstrates to Turkey and its revisionist allies that history
    cannot be rewritten to further Ankara's state-sponsored denial
    campaign," said Assembly Board of Trustees Chairman Hirair Hovnanian.
    Carolyn Mugar, the Board's President, added, "Given the overwhelming
    historical and legal evidence documenting the incontestable fact of the
    Armenian Genocide, this ruling is a victory for all those concerned
    about genocide education and prevention."

    When this suit was initiated four years ago, the Assembly immediately
    responded by hiring one of the nation's preeminent First Amendment
    expert, Duke University Professor Irwin Chemerinsky, and co-counsel
    Arnold Rosenfeld of the firm K&L Gates LLP. Throughout this process, the
    Assembly, along with others, challenged the ATAA at every turn by filing
    a series of pleadings including an amicus curiae (friend of the court)
    brief. The brief was intended to assist the Court in bringing the case
    to a conclusion in favor of the Commonwealth.

    Assembly's Board Vice-Chair and Counselor Robert A. Kaloosdian chaired
    the committee that responded to the lawsuit: "Through the federal
    court's ruling, the Griswold case rejected ATAA's attempt to require the
    Commonwealth of Massachusetts Board of Education to insert
    'contra-genocide' citations into its curriculum guide. Judge Wolf wrote
    in his decision that 'plaintiffs do not have a right to receive
    contra-genocide information in the classroom.' In addition he wrote that
    'the curriculum guide required defendants to include materials
    concerning the 'Armenian Genocide.'"

    "I expect ATAA's latest attempt to thwart history and stifle education
    to be rejected on appeal," said Rosenfeld. "It is a constitutionally
    significant legal victory that Chief Judge Mark Wolf of the U.S.
    District Court in Massachusetts reaffirmed the First Amendment right of
    the Commonwealth of Massachusetts to present the unfettered truth about
    the Armenian Genocide to its students. Hopefully, this important ruling
    will succeed in conveying the horrors of the international crime of
    genocide to those who did not bear witness themselves and will lead to a
    public outcry that will not tolerate similar illegal acts intended to
    destroy national, ethnical, racial or religious groups."

    Van Krikorian, Assembly Board of Trustees Member and Counselor, who
    along with Rosenfeld, prepared and presented the amicus brief before
    Judge Wolf, argued that if the court accepted the ATAA's claims, it
    would open the door for any extremist group, such as Holocaust deniers,
    to challenge curriculum matters in court.

    "This ruling sends a message not only to the ATAA, but also to others
    who may seek to distort history," said Krikorian. "This was certainly a
    direct blow to ATAA's plan to get a favorable ruling here and then
    repeat the tactic in every school district across the country. The
    court's decision cuts them off, destroys that plan and protects the
    Commonwealth of Massachusetts' Department of Education from being
    subject to manipulation from a genocide denialist organization, which is
    carrying out its campaign of dishonesty from coast to coast," added
    Krikorian.

    ATAA Threatens to Oppose Human Rights Education and Passage of
    California Genocide Awareness Act

    Handing the ATAA and its allies another defeat in its nationwide
    denalist campaign, on July 8, the California Senate Education Committee
    unanimously passed Senate Bill 234, the "Genocide Awareness Act," which
    requires the California Curriculum Commission to include an oral history
    component related to genocides as part of its high school curriculum,
    including the Armenian Genocide.

    At the California Senate Education Committee public hearing, the ATAA
    and Armenian Genocide denier Bruce Fein testified against the passage of
    the Genocide Awareness Act. He also questioned whether the mistreatment
    of the Armenians, and the parallel cases in Cambodia and Darfur were
    genocide, despite the fact that the California legislature has
    repeatedly recognized and annually commemorated the Armenian Genocide
    since 1968.

    The Assembly was an early proponent of SB 234, and is on record
    supporting its passage.

    Recently, the ATAA escalated its longstanding strategy of harassment by
    making the Southern Poverty Law Center (SPLC) the target of a defamation
    suit brought by Guenter Lewy, a former professor at the University of
    Massachusetts, who is being supported in the lawsuit by the so-called
    Turkish American Legal Defense Fund. The Southern Poverty Law Center was
    founded in 1971, as a civil rights law firm combating racism and
    prejudice in the U.S. In 1991, the SPLC established Teaching Tolerance,
    an educational program to help K-12 teachers foster respect and
    understanding in the classroom. Teaching Tolerance is now one of the
    nation's leading providers of anti-bias resources.

    The lawsuit follows the publishing of an article entitled "State of
    Denial" in which the SPLC criticized several academics, among them Lewy,
    stating, "Revisionist historians who conjure doubt about the Armenian
    genocide and are paid by the Turkish government provided politicians
    with the intellectual cover they needed to claim they were refusing to
    dictate history rather than caving in to a foreign government's
    present-day interests."

    It is of note that Lewy is represented by attorneys Bruce Fein and David
    Saltzman, of Saltzman & Evinch, P.C. Saltzman's partner, Gunay Evinch,
    is the President of the ATAA.

    Established in 1972, the Armenian Assembly of America is the largest
    Washington-based nationwide organization promoting public understanding
    and awareness of Armenian issues. The Assembly is a 501(c) (3)
    tax-exempt membership organization.


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    NR#2009-059
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