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AAA: Mass. District Court Dismisses Armenian Genocide Denial Case

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PRESS RELEASE
For Immediate Release
June 10, 2009
Contact: Michael A. Zachariades
Email: mzachariades@aaainc.org
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.
2009/MA_Genocide_Education_Case_Decision_-_Judge_W olf.pdf

From: Emil Lazarian | Ararat NewsPress

http://aaainc.org/fileadmin/aaainc/pdf_1/Q2_
www.aaainc.org
Emil Lazarian: “I should like to see any power of the world destroy this race, this small tribe of unimportant people, whose wars have all been fought and lost, whose structures have crumbled, literature is unread, music is unheard, and prayers are no more answered. Go ahead, destroy Armenia . See if you can do it. Send them into the desert without bread or water. Burn their homes and churches. Then see if they will not laugh, sing and pray again. For when two of them meet anywhere in the world, see if they will not create a New Armenia.” - WS
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