U.S. Supreme Court Rejects Massachusetts Genocide Denial Lawsuit

High Court Declines to Consider Turkish Lobby-Sponsored Bid to Force Genocide Denial into Public Schools

WASHINGTON—A longstanding legal campaign, spearheaded by pro-Turkey lobbies, to force the Commonwealth of Massachusetts to include historically inaccurate Armenian Genocide denial materials in their education curriculum was killed on Jan. 19 by a U.S. Supreme Court decision declining to hear an appeal to a lower court ruling dismissing the case, reported the Armenian National Committee (ANCA).

“We welcome the Supreme Court’s decision to decline to hear this deeply flawed and dangerous case, and thus uphold the U.S. Court of Appeals First Circuit landmark decision rejecting efforts by genocide deniers to abuse the American legal system to bring their hateful agenda to our nation’s public schools,” said ANCA Executive Director Aram Hamparian. “This victory, while certainly a serious setback to Turkey’s campaign of denial, will, just as surely, not mark the end of the concerted and well-funded efforts by allies of Ankara to use our nation’s great freedoms to enforce their own version of Article 301, silencing discussion of the Armenian Genocide in America’s classrooms.”

This legal battle started in 2005, when, according to media accounts, the Assembly of Turkish American Associations (ATAA) solicited the assistance of two local teachers, a student, and his parents to file the Griswold vs. Driscoll case against the Commonwealth of Massachusetts, in an effort to force the state to include genocide denial materials in its online education curriculum guide.  In June 2009, U.S. District Court Judge Mark Wolf dismissed the case stating that the plaintiffs are “are not entitled to relief in federal court.”  The ATAA and fellow plaintiffs appealed the decision, sending the matter for review by the First Circuit Court of Appeals.  In August 2010, the First Circuit Court affirmed Judge Wolf’s dismissal of the case, with the majority opinion prepared by retired Supreme Court Justice David Souter.

The First Circuit Court decision can be read here: http://www.anca.org/assets/pdf/misc/griswold_first_circuit_decision.pdf.

Throughout the legal process, the ANCA partnered with the Armenian Bar Association and groups including the Irish Immigration Society, Jewish Alliance for Law and Social Action, NAACP, Genocide Education Project, and the Zoryan Institute in preparing amicus briefs in support of the Massachusetts Commonwealth’s calls to dismiss the case. Attorneys from Wilmer, Cutler, Hale and Dorr LLP, filed the briefs and championed the case pro-bono. Other groups that submitted their own amicus briefs included the International Association of Genocide Scholars (IAGS) and the Armenian Assembly.

This case is seen as part of a larger strategy by Turkish American groups to use the legal system to harass human rights advocates on issues relating to the Armenian Genocide. The most recent instance is the lawsuit filed by representatives of the Turkish Coalition of America against the University of Minnesota for cautioning visitors to their Holocaust Studies website about online resources that deny the Armenian Genocide.  The Middle East Studies Association, this week, sent an open letter to the Turkish Coalition urging them to drop the lawsuit, the full text of which can be viewed at http://mesa.wns.ccit.arizona.edu/pdf/USMinnesota20110118.pdf.

26 Comments

  1. THANK YOU LORD.. Thank you for showing these bastards that they can’t win everything.. not anymore…not ever again… let them try, let them use their power and money to persue … they may win some but let this be a lesson to the sharks that their efforts and their true purpose of such clownness is finally being understood by the US courts… hope that this wave will eventually engulf the President and his jackals who care nothing about morals and only care about their power and pockets…

    I solute the Supreme Court for doing the right thing.. I have not lost all my faith in the U S of A..

    Gayane

  2. This important human rights decision by US supreme court, acknowledged, that Turkish inhuman penal code 301 is not welcomed in USA, where most European nations and EU reject Turkish denial of Armenian Genocide…Turks have to understand, that “human rights” and “politics” are two different subjects, just like oil and water, they never mix together. yet Turks building their new Ottomanized Islamic nation on top of “Christians Genocide”..

  3. One easy and surefire way of stopping nonsense like this right in its tracks…have the federal government recognise the Genocide. That way, it’ll show up anyone trying to deny the Genocide for what they are. So, whilst this action in the Supreme Court is a vital action, it’s an unnecessary hinderance on the road top getting all US governments…state and federal…to recognise the Genocide. The actions of the Turkish sympathisers is nothing more than a stalling tactic, apart from trying to rewrite history. Concerted lobbying by the whole Armenian community with the help of its supporters will eventually force the hand of the politicians. So will educating the general public to what happened. It’ll take good organisation, clever tactics and strong leadership to get the job done. Let’s hope there are people out there up to the task.

  4. Yes, thank God this lawsuit was rejected but what is really aggravating me is that two local MA teachers ASSISTED the Assembly of Turkish American Associations with their efforts.  As an educator, I am horrified and I would never want these teachers to instruct my children.  Teachers play such important roles in the lives of children and they must be ethical individuals.  Obviously these two educators are morally bankrupt and their teaching licenses should be revoked.  They have no business influencing the lives of innocent children and they should be ashamed of themselves.

  5. What’s interesting about these cases, including the one that opened up the way to sue insurance companies, is that they’re not evaluating whether it was genocide or not. They’re about the technicality of other legal aspects, without going into the genocide itself.
    I read the paper on the decision and they discussed whether the guide was more like a library content or a curriculum and decided it was more akin to curriculum material. If it was library material, then a precedent set by another case could have meant the Turkish material could have gone in and the decision leave out the Turkish lies would have been illegal interference.
    I also liked this part from the article:
    “Throughout the legal process, the ANCA partnered with the Armenian Bar Association and groups including the Irish Immigration Society, Jewish Alliance for Law and Social Action, NAACP, Genocide Education Project, and the Zoryan Institute in preparing amicus briefs in support of the Massachusetts Commonwealth’s calls to dismiss the case. Attorneys from Wilmer, Cutler, Hale and Dorr LLP, filed the briefs and championed the case pro-bono. Other groups that submitted their own amicus briefs included the International Association of Genocide Scholars (IAGS) and the Armenian Assembly.”
     

  6. Dear Laura and others:

    The following article (see link), originally published in the Armenian Weekly and elsewhere, gives some insight into the teachers and student who, technically speaking, brought the lawsuit.
    Of course, they were not really the ones behind the lawsuit. 
    The teachers and student were just stand-ins for Turkish interests.

    http://www.armeniapedia.org/index.php?title=Massachusetts_Co-Plaintiffs_Flunk_Turkish_Lawsuit

    The intent behind these lawsuits, including the one in Minnesota, appears to be intimidation.

  7.   May God bless those who have defended the honor of those who were silenced and given our community hope that someone gets it. Another tough lesson for the Turks and their friends….. the truth will always prevail… it may take time…. it may cost resources… but it will not fade as long as there are those who understand right from wrong.
           The Turks are so caught up in their denial of the truth that they can no longer think clearly. For them it has become easier to maintain the coverup. It is my hope that as our efforts to brings them towards the lightcontinues, that they will realize the the burden this will lift from their society and open the door for truly joining the civilized world. Until then, we will confront every attempt to deny the truth… with honor ,dignity and a sacred mission.

  8. David,
    Thanks for the info.  It’s even more appalling that history teachers were “stand-ins” helping to deny historical facts; although they were not the driving forces, it’s disgusting that history teachers would be so unbalanced.  We know how Schechter would react if Holocaust deniers tried to infiltrate the curriculum and his reactions would be justified, which makes his role as a “stand-in” even more grotesque.  It also seems Schechter influenced a student to jump on board with the lawsuit – highly unethical for teacher to get a student involved in such a matter.  These teachers do not get a free pass just because they have not had contact with their Turkish co-plaintiffs.  Their involvement in this lawsuit shows just how ignorant they are and how they are totally unqualified to teach historical facts.  While we have come to expect (but certainly not accept) these ridiculous denial campaigns from Turks, they are even more insulting when they are also coming from non-Turkish individuals – especially those who are descendants of Holocaust survivors and victims.

  9. Turkish desparation shows… evident in all their actions, all their PLOYs… they are incapable of handling the fact that the Armenian Survivors SURVIVED and our generations have come together, are here today, seeking justice for the Turkish Genocide of the Armenian nation.  Turks had believed that by ‘eliminating’ in vilest and cruelest manners of inhumanity they had caused the Armenians to become extinct.  Aysor hosenk, aysor bedee elank, aysor mehr orernen… Turks are, in all their desperations, showing their true colors… perpetrators of Genocides – still today into the 21st century!  Manooshag

  10. I wonder just how many death threats, intimidations, etc, did the court’s justices (those not already on the Armenian diaspora’s payroll) have had to endure before realizing that the safety of their own loved ones was more important than sabotaging and trampling upon the U.S Constitution and the rights of the people to expect due process and justice? Rejoice all you wish, but just know how empty this “victory” really is, and how morally corrupt you people truly are! Keep in mind that the great equalizer (Karma) has always found a way to correct the wrongs perpetrated by the ignorant, the hopelessly brainwashed, and the pure evil hearted! These same intimidations and death threats occurred at UCLA (on their members of the Board of Regents) by the Armenian diaspora of Southern California, when the Turkish Studies program had cleared and was just about to be implemented there, resulting in the BOR to “cancel” the program at the last second, without any plausible explination!!

  11. Robert,
    TURKS COMMITTED GENOCIDE AGAINST THEIR CHRISTIAN SUBJECTS (ARMENIANS, GREEKS, ASSYRIANS, 1915-1923) PLUS THIS IS NOT INCLUDED HAMIDIAN MASSACRES OF ARMENIAN NATION…REMEMBER MONEY AND WEALTH CAN NOT BUY GUILT AND JUSTICE IN US SUPREME COURTS…THOSE JUDGES ARE PAID PROPERLY IN ORDER TO MAKE CORRECT DECISIONS FOR ALL AMERICANS REGARDLESS OF THEIR ETHNIC BACKGROUNDS… TO MY HONEST OPINION THE WHOLE TURKISH POPULATIONS ARE LIVING UNDER TERRORIZED CODE OF 301, AND BELIEVE ME THOSE JUDGES ARE NOT STUPID THEY KNOW EXACTLY WHAT IS GOING ON IN YOUR BELOVED TURKEY!!

  12. Robert,
    Judges in the payroll of the Armenian diaspora? Members of the Supreme Court getting death threats from Armenians? Any evidence to support this? Are you on crack dude?

  13. RA…i was cracking up when I read his comments.. trust me…WOW..oh Robert Robert….. oh how do I crave reading your outrageous and out of this world comments… oh yes.. he is notorious about popping his head in any discussion that demonstrates a victory for Armenians.. he hates it.. he dispises it…he can’t handle the truth..

    but unfortunate for you my dear Robert, YOUR efforts are “empty” not the efforts of the Supreme Court..you are just bitter and hateful..oh oh.. and I forgot to mention it.. our beloved Robert loves to blame everything on Dashnaks… oh yes.. Dashnaks are and will be his sole purpose on this planet because no matter what we discuss, no matter the topic, it comes back to Dashnaks..

    i am kind of surprised that you did not mention them here… even though you pretty much stated something as unintelligent as ” threats from Armenians” or the judges being on the diaspora’s payroll”… i mean what kind of hooka are you smoking Robert? SERIOUSLY??? Diaspora’s payroll? and who handles this payroll if i may ask?  i am part of the Diaspora.. but i don’t have the money nor i handle the payroll.. RA are you? Grish are you?  Laura?  David? Stepan? hmmmmm i wonder where this money and bank is? do you know Robert? you must know to state such stupid statement… do share please…. maybe you can teach us something we don’t know..

    Oh lord… why we have such people who insist being as ignorant, arrogant, uninformed and blind..?

  14. @Robert….Well, if Karma is the great equaliser as you so say, then you’re in for one very rough time!!!! :) :P
    Looks like you’re going to be stuck in Samsara for a few reincarnations, yet :):P
     

  15.  Robert, if you are going to make such outrageous comments to an audience of Armenians, the least you can do if provide some substantiation. Unless you have no interest in the credibilitiy of your tirade; which is what I suspect.
              For years we have been listening to the fabrications from Turks…. there was no genocide… there were war casualties… there was civil war… there was rebellion by the Armenian population……. now it’s Karabagh has always been Azeri…Armenians have no claim to eastern “Anatolia”… now we need to hear insulting claims against Armenians and the judicial process.
             I know this isi a long shot, but has it ever occurred to you that the case your friends presented was lacking merit?  That not everyone buys your silly arguments?
    That most of the support you enjoy is because of your economic and political influence and not because they believe your warped view of history.
               You may be able to bring that mentality of denial into your educational system in Turkey, but not in our backyard. The courts simply confirmed what our educational system is about.. the truth. You can not confuse your view with historical integrity and expect respect.

  16. I think the heart of the problem in Turkey is that the ultra-nationalists of the Turkish establishment work very hard to minimize the truths of history to create their own (false) reality. They still do not want to acknowledge that even though they control Anatolia/Armenia and acquired it thru conquest (yes, Armenians really understand that part), there were many other civilized peoples living there long BEFORE any Turks arrived there. And while you can see some of this history in Turkish museums (Phrygian, Urartian, Roman, Greek), what you never see is anything labeled ‘Ermeni’ or Kurdish. It is as if Armenians never existed there. It is as if no history took place before 1915. Nevermind that without Armenians, the Turks would not have had an empire or a civilization, these ideological crackpots go out of their way to make us invisible and as a result, regular Turks have been largely, but not completely, brainwashed. Whether or not ‘Robert’ is a real person or a paid representative of the Turkish propaganda machine is irrelevant, they are advancing the same bankrupt thesis. However, history is catching up w/ these liars and userpers. The truth is literally, bubbling up from the ground to reveal an Anatolian Armenian past that cannot be ignored by them much longer. More and more, people in Turkey are demanding that the truth be exposed and acknowledged. Hopefully, they will prevail.      

  17. Robert:Your comments exemplefies that 70% of the turks are illiterate,a truism,shared by 90% of the world.Please dont embaress yourself,enough is enough.

  18. Alex:

    Just exactly what part(s) of truth, facts and reality do you NOT understand? You make the statement that “70% of Turks are illiterate”. Please provide references to back up you statement! Finally, please explain how Armenia is able to boast a 98% purity rate! There can be only one way to acheive such a purity rate…ETHNIC CLEANSING! But, be so kind as to explain why this is so! Thank you.

  19. Robert…. you dont get it do you? apparently not .. like we say in ARmenian… du padosh eres unes….. unless you have something beneficial and meaningful to say, we don’t need to hear about the made up stories people like you keep telling themselves and to us…but then again… for some reason you have a hard time to comprehend…so …

    G

  20. Gayane,

    God gave you eyes, yet you can not see. He gave you a brain, yet you can not comprehend. Please, re-read your post once more, then ask yourself if you answered the posed question, or are you simply trying to change the focus (because you can not answer the question and you know it; thus to prevent humiliation, you choose to put me down to cover for your own inadequacies)! For your edification Gayane, all you need do is check Armenian Wikopedia (Armenopedia) to get the statistics for yourself (I didn’t, nor do I need to, “make up stories”).

  21. Robert…

    I don’t have to do anything to you sir.. you do it yourself for yourself on yourself to yourself..

    So keep thinking you are smart and above all but in reality your limited space in your limited world does not and will not do you justice.. so try to change your tactics for once… and you will see how much change you will experience..

    Until then, if you keep opening your mouth, all you will get is what you got so far.. the end..

    G

  22. Yawn. I’m kinda tired of Robert’s rabblerousing. You know he’s full of bok when he concludes that the *only* explanation for Armenia’s 98% “purity” rate is ETHNIC CLEANSING! You’re on to something there, Robert! It’s amusing how persistent he is, though. He thinks he’s Fox Mulder and the Armenian Weekly is The Cigarette Smoking Man.

  23. Gayane,

    You are still in avoidance mode and can only produce a feable response at best, one that still doesn’t answer the posed question! You keep redirecting out of obvious desperation. Look, if you can’t answer the question, please say so. To try and belittle me simply reflects your true character off of you.

    Hagop,

    Your accusations of me, using fecal terms, denotes just how low you have sunk. It is certainly unbecoming of an adult! This is unfortunate indeed. You also, like Gayane, refuse to address the posed question. Instead, you choose the alternate route of despicability. Let me ask you this question, so as to clarify and bring into a better proper perspective, the originally posed question…How many Armenians would you estimate live and work in Turkey now? How about in Azerbaijan? What about Georgia and the Central Asian Moslem nations? If you go to Armenopedia (Wikiopedia), there is a breakdown of the population dispersements of Armenians living in various countries world-wide (according to compiled census figures). Now, how many Turks and/or Azeris would you estimate live and work in Armenia (please compare and contrast the proportionality of your figures with those from the real-world census)? Once you’ve done this, you too should be able to conclude that the only way a boasted purity rate of 98% can be achieved is via the above stated method. BTW, I did not “magically” come up with this figure (of 98%). It’s provided by the government of Armenia. Check it out for yourself!

    Alex,

    I’m still waiting for you to provide me with the evidence/figures which proves your allegation that Turkey has a 70% illiteracy rate! 

  24. I am sorry did you say something Robert?  … hmmm… of course not…

    First off, I do not reponse to outrageous and stupid comments… Second of all, the original question/statement/made up stories whatever you call it was not directed to me.. and Third, you have been asked many questions in the past that you conveniently avoided to answer.. so why do you think we are going to jump at your request the minute to open your mouth? pleaseeeeeeeeee.. get off your high horse…

    G

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