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  • Court rules in favor of U of M's academic freedom claim

    Minnesota Public Radio
    May 4 2012


    Court rules in favor of U of M's academic freedom claim

    by Steven John, Minnesota Public Radio
    May 4, 2012

    ST. PAUL, Minn. - The 8th U.S. Circuit Court of Appeals ruled Thursday
    that a University of Minnesota academic department had the right to
    list the Turkish Council of America's website as a source of
    unreliable information on the Armenian Genocide of the early 20th
    Century.

    The council had sued the university, alleging that the university
    defamed the organization and violated its right to free speech. The
    stand of the Turkish council mirrors the official government line of
    Turkey, denying that the systematic killings of hundreds of thousands
    of ethnic Armenians by the Ottoman Empire during and after World War I
    constituted genocide.

    University of Minnesota General Counsel Mark Rotenberg spoke about the
    court's decision with Steven John of All Things Considered on Friday.

    An edited transcript of that discussion is below.

    Mark Rotenberg: Yesterday's court ruling simply upheld the opportunity
    and the right of our faculty at the U of M to offer an opinion about
    the historical events involving the death of many hundreds of
    thousands of Armenians prior to and during World War One. Our faculty
    offered those opinions on a website in our Department of Holocaust and
    Genocide Studies within the College of Liberal Arts.

    Steven John: I'm sure a lot of universities across the county have
    been watching this case. What do you think will be the ultimate
    result?

    Rotenberg: We know that a lot of universities have been following
    this, many publications have reported on this, including international
    publications in Europe where the issue of the Armenian genocide is
    front and center in many people's minds.

    When you have a ruling at this level from a federal appeals court,
    that enhances and affirms academic freedom for the faculty of the
    university to express its viewpoints online. You enhance the quality
    of debate and you enlarge the opportunities for students and the
    public to know what our faculty thinks, and I think that's all to the
    good.

    John: It appears that the University Center for Holocaust and Genocide
    Studies has taken the list down from its website, why did that happen?

    Rotenberg: The director of the center eventually chose to take the
    list of unreliable sources down because he decided he did not want to
    give more publicity to the unreliable sources. He did not take it down
    for any legal reason, there's no court order, the lawyers here for the
    university didn't advise him to take it down. I know he just felt that
    he didn't want to give any more publicity to the sources that the
    center found to be unreliable.

    John: Do you think this is a problem that's grown out from the
    proliferation of information available in the age of the Internet?

    Rotenberg: I think it's partly that. This case probably wouldn't have
    even come to court if it had just been a faculty member in a classroom
    in front of 20 students saying she thought this book was shoddy
    scholarship, or that [a] monograph or article was not credible.
    Faculty members do that all the time. They've been doing that since
    Plato and Socrates taught in Greece thousands of years ago.

    I think the difference, as your question points out, is that nowadays
    when faculty offer their critique of some other viewpoint, it goes to
    entire world potentially. And some people, like the Turkish coalition
    here, took some offense at that.

    Interview transcribed and edited by Jon Collins, MPR reporter.

    http://minnesota.publicradio.org/display/web/2012/05/04/qa-rotenberg/




    From: A. Papazian
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