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PRESS RELEASE
For Immediate Release
Armenian Assembly of America
August 12, 2010
Contact: Press Department
Email: [email protected]
Phone: (202) 393-3434
UNITED STATES COURT OF APPEALS RULES AGAINST DENIERS OF THE ARMENIAN GENOCIDE
Retired Associate Justice of the Supreme Court David Souter Writes Decision
Washington, DC - In a unanimous opinion written by retired Associate
Justice of the Supreme Court David Souter, sitting on a three judge
panel including Michael Boudin and Jeffery R. Howard of the United
States Court of Appeals for the First Circuit in the Commonwealth of
Massachusetts, today affirmed the decision of a lower court dismissing
the Griswold v. Driscoll case, in which plaintiffs argued for the
inclusion of genocide denial literature in the Massachusetts human
rights curriculum, reported the Armenian Assembly of America
(Assembly).
The suit filed in 2005 under the guise of a First Amendment case by
the Assembly of Turkish American Associations (ATAA) and its
supporters hoped to undermine the teaching of the Armenian Genocide in
public schools by inserting genocide denial literature in the state
mandated curriculum. ATAA was joined in its campaign by the Turkish
American Legal Defense Fund, whose principal spokesperson, Bruce Fein,
is one of the most vocal deniers of the Armenian Genocide. The
Court's decision effectively marks a major defeat for deniers.
The court explicitly ruled against ATAA for waiting so long to
complain, and ruled against the individual plaintiffs on First
Amendment and standing grounds. Significantly, the court decided that
the Guide on Armenian Genocide instruction fit into the curriculum
classification rather than a school library, and even if the school
library cases did apply, that law would not allow the genocide denial
actions that the plaintiffs sought.
The plaintiffs' attorney Harvey Silverglate took the position that
"contra-genocide" websites should be included in the curriculum,
overlooking the inherent contradiction of "contra-genocide"
information, which does hold a position on the Armenian Genocide by
disputing or denying it. Silverglate also failed to advise the court
that the websites in question, whether of the ATAA or the Turkish
Embassy, display brazenly denialist pages on the Armenian Genocide,
therein holding yet again a very distinct view of history,
disqualifying them as either pedagogically objective or scholarly.
"The Court of Appeals' decision is a major victory for sound education
on the Armenian Genocide. The Court defended free speech today and
struck a blow to the spurious tactics used by genocide deniers to
engage under the pretext of debate. It was especially disturbing that
the plaintiffs took to distorting the U.S. Constitution in court and
after in public," said Van Z. Krikorian, Assembly Board of Trustees
Counselor.
"I want to thank the Commonwealth's Attorney General Martha Coakley,
Assistant Attorney General William W. Porter who defended the
Massachusetts Department of Education, Aram Kaloosdian, as well as
Duke University School of Law Professor Erwin Chemerinsky, who along
with Arnold R. Rosenfeld of K&L Gates LLP, joined in filing the first
amicus brief in 2006 on behalf of Armenian Genocide survivors and
descendants of survivors," added Krikorian.
In December 2009, the Armenian Assembly filed another amicus curiae
(friend of the court) brief in support of the Commonwealth, when the
ATAA and its supporters appealed the June 2009 decision by District
Judge Mark L. Wolf.
In its brief, the Armenian Assembly stated that: "This lawsuit is an
unprecedented attempt by the plaintiffs to utilize the federal courts
as a vehicle for their unconstitutional intrusion into educational
policy in the Commonwealth of Massachusetts. It is motivated by the
plaintiffs' claim based on its historically and educationally
unsupported assertions, that there is a credible position that the
Armenian Genocide did not occur, and therefore that view point should
be part of the Curriculum Guide on teaching about the Armenian
Genocide issued by the state Department of Education."
"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."
"The International Association of Genocide Scholars, the Armenian Bar
Association and all others who filed amicus briefs should be
congratulated for standing up for the truth and for the importance of
human rights education," added Hovnanian, "and the Assembly thanks
them again for addressing this serious challenge to freedom of
expression, human dignity, and educational integrity."
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# 2010-060
From: A. Papazian
For Immediate Release
Armenian Assembly of America
August 12, 2010
Contact: Press Department
Email: [email protected]
Phone: (202) 393-3434
UNITED STATES COURT OF APPEALS RULES AGAINST DENIERS OF THE ARMENIAN GENOCIDE
Retired Associate Justice of the Supreme Court David Souter Writes Decision
Washington, DC - In a unanimous opinion written by retired Associate
Justice of the Supreme Court David Souter, sitting on a three judge
panel including Michael Boudin and Jeffery R. Howard of the United
States Court of Appeals for the First Circuit in the Commonwealth of
Massachusetts, today affirmed the decision of a lower court dismissing
the Griswold v. Driscoll case, in which plaintiffs argued for the
inclusion of genocide denial literature in the Massachusetts human
rights curriculum, reported the Armenian Assembly of America
(Assembly).
The suit filed in 2005 under the guise of a First Amendment case by
the Assembly of Turkish American Associations (ATAA) and its
supporters hoped to undermine the teaching of the Armenian Genocide in
public schools by inserting genocide denial literature in the state
mandated curriculum. ATAA was joined in its campaign by the Turkish
American Legal Defense Fund, whose principal spokesperson, Bruce Fein,
is one of the most vocal deniers of the Armenian Genocide. The
Court's decision effectively marks a major defeat for deniers.
The court explicitly ruled against ATAA for waiting so long to
complain, and ruled against the individual plaintiffs on First
Amendment and standing grounds. Significantly, the court decided that
the Guide on Armenian Genocide instruction fit into the curriculum
classification rather than a school library, and even if the school
library cases did apply, that law would not allow the genocide denial
actions that the plaintiffs sought.
The plaintiffs' attorney Harvey Silverglate took the position that
"contra-genocide" websites should be included in the curriculum,
overlooking the inherent contradiction of "contra-genocide"
information, which does hold a position on the Armenian Genocide by
disputing or denying it. Silverglate also failed to advise the court
that the websites in question, whether of the ATAA or the Turkish
Embassy, display brazenly denialist pages on the Armenian Genocide,
therein holding yet again a very distinct view of history,
disqualifying them as either pedagogically objective or scholarly.
"The Court of Appeals' decision is a major victory for sound education
on the Armenian Genocide. The Court defended free speech today and
struck a blow to the spurious tactics used by genocide deniers to
engage under the pretext of debate. It was especially disturbing that
the plaintiffs took to distorting the U.S. Constitution in court and
after in public," said Van Z. Krikorian, Assembly Board of Trustees
Counselor.
"I want to thank the Commonwealth's Attorney General Martha Coakley,
Assistant Attorney General William W. Porter who defended the
Massachusetts Department of Education, Aram Kaloosdian, as well as
Duke University School of Law Professor Erwin Chemerinsky, who along
with Arnold R. Rosenfeld of K&L Gates LLP, joined in filing the first
amicus brief in 2006 on behalf of Armenian Genocide survivors and
descendants of survivors," added Krikorian.
In December 2009, the Armenian Assembly filed another amicus curiae
(friend of the court) brief in support of the Commonwealth, when the
ATAA and its supporters appealed the June 2009 decision by District
Judge Mark L. Wolf.
In its brief, the Armenian Assembly stated that: "This lawsuit is an
unprecedented attempt by the plaintiffs to utilize the federal courts
as a vehicle for their unconstitutional intrusion into educational
policy in the Commonwealth of Massachusetts. It is motivated by the
plaintiffs' claim based on its historically and educationally
unsupported assertions, that there is a credible position that the
Armenian Genocide did not occur, and therefore that view point should
be part of the Curriculum Guide on teaching about the Armenian
Genocide issued by the state Department of Education."
"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."
"The International Association of Genocide Scholars, the Armenian Bar
Association and all others who filed amicus briefs should be
congratulated for standing up for the truth and for the importance of
human rights education," added Hovnanian, "and the Assembly thanks
them again for addressing this serious challenge to freedom of
expression, human dignity, and educational integrity."
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# 2010-060
From: A. Papazian