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AAA: Mass. District Court Dismisses Armenian Genocide Denial Case

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  • AAA: Mass. District Court Dismisses Armenian Genocide Denial Case

    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
    For Immediate Release
    June 10, 2009
    Contact: Michael A. Zachariades
    Email: [email protected]
    Phone: (202) 393-3434

    MASSACHUSETTS DISTRICT COURT DISMISSES ARMENIAN GENOCIDE DENIAL CASE

    Major Loss for Turkish Denial Campaign

    Washington, DC - In a major blow to Turkey's global campaign to
    suppress the truth about the Armenian Genocide, U.S. District Court
    Chief Judge Mark Wolf today ruled in favor of the Massachusetts
    Department of Education, allowing it 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, reported the Armenian Assembly of America
    (Assembly).

    "The Armenian Assembly appreciates the court's ruling in this
    matter. It sends a clear message 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."

    Assembly Executive Director Bryan Ardouny noted that "today's decision
    is in keeping with a growing trend toward teaching genocide prevention
    with nearly every state, including Massachusetts, formally recognizing
    the Armenian Genocide. We want to thank the office of the Attorney
    General of Massachusetts for not backing down in this case."

    The court's ruling preserves the teaching of accurate history, which
    is part of the official "Massachusetts Guide to Choosing and Using
    Curricular Materials on Genocide and Human Rights," prepared in
    1999. In 2005, the Assembly of Turkish American Associations (ATAA),
    along with others, filed the suit against the Department of Education
    arguing that the Commonwealth violated the plaintiffs' First Amendment
    rights by removing materials from the curriculum that deny the events
    of 1915.

    In an unprecedented move, the plaintiffs attempted to use the federal
    courts to argue a tired and discredited practice that the "other side"
    of the story should be taught.

    "In light of the fact that Turkey criminalizes honest discussion of
    the Armenian Genocide, it is especially ironic that Turkish denialists
    turned to U.S. courts in an attempt to twist freedom of speech in
    America," stated Assembly Board of Trustees Counselor Van
    Krikorian. "Even though the court viewed this case 'in the light most
    favorable to plaintiffs,' it still ruled in favor of truth, history
    and the U.S. Constitution. The sooner Turkey comes to terms with its
    past, the better it will be for everyone."

    The Armenian Assembly immediately responded when the suit was filed,
    hiring Duke University Law Professor Irwin Chemerinsky, one of the
    nation's leading First Amendment experts, and co-counsel Arnold
    Rosenfeld of the firm K&L Gates LLP. Over the past four years, the
    Assembly, and 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.

    Attorneys Rosenfeld and Krikorian presented the amicus brief before
    Judge Wolf. Rosenfeld and Krikorian warned that if the court accepted
    the plaintiffs' First Amendment claims, it would open the door for any
    extremist group, such as Holocaust deniers, to challenge curriculum
    matters in court.

    Attorney Gabrielle R. Wolohojian, then of Wilmer, Cutler, Hale and
    Dorr LLP, also represented an Amicus Class, which included the
    Armenian Bar Association, the Armenian National Committee of America,
    the Irish Immigration Center, the Jewish Alliance for Law and Justice
    and the NAACP.

    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.

    ###

    NR#2009-053

    Editor's Note:

    Complete text of the United States District Court District of
    Massachusetts ruling in the matter of Griswold v. Driscoll - Armenian
    Genocide Denial Case.
    http://aaainc.org/fileadmin/aaainc/pdf_1/Q2_ 2009/MA_Genocide_Education_Case_Decision_-_Judge_W olf.pdf

    From: Emil Lazarian | Ararat NewsPress
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