Lawsuit-Happy Turkish Group (TCA) Loses Appeal on Armenian Genocide

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The Turkish Coalition of America (TCA) has been on a rampage in recent years, filing lawsuits against scholars, public officials, and civic groups who support the recognition of the Armenian Genocide.

 

Last week, a federal appeals court put an end to TCA’s legal tirade against the University of Minnesota by unanimously upholding a federal court’s decision dismissing TCA’s baseless allegations.

 

The Turkish advocacy group had filed a lawsuit against Prof. Bruno Chaouat, Director of the Center for Holocaust and Genocide Studies at the University of Minnesota, for labeling TCA’s website and others as “unreliable.” The university’s webpage had posted the following stern admonition to students: “We do not recommend these sites. Warnings should be given to students writing papers that they should not use these sites because of denial, support by an unknown organization, or contents that are a strange mix of fact and opinion.”

 

Initially, TCA had complained that the inclusion of TCA’s website on the university’s list of “Unreliable Websites” violated the Turkish group’s freedom of speech. The university rejected TCA’s allegation, although, the Center for Holocaust and Genocide Studies revised its website on Nov. 18, 2010, removing the “Unreliable Websites” and recommending new resources for genocide research. The university asserted that the revision was not prompted by TCA’s complaint and denied any wrongdoing. On Nov. 24, 2010, Prof. Chaouat posted a statement on the Center’s website explaining that the list of “Unreliable Websites” was removed because he did not want to “promote, even negatively, sources of illegitimate information.”

 

TCA then filed a lawsuit against the university, its president, and Prof. Chaouat, claiming that including its website on the same list as websites denying the Jewish Holocaust, stigmatized the Turkish organization. The court dismissed the lawsuit.

 

A three-judge panel of the 8th circuit federal appeals court upheld the lower court’s decision on May 3, 2012, ruling that the university did not violate TCA’s First Amendment rights, since it neither blocked nor restricted access to the Turkish website.

 

The judges also rejected the Turkish group’s second claim that it was defamed when the university stated that TCA’s website is “unreliable,” engages in “denial,” presents “a strange mix of fact and opinion,” and is an “illegitimate source of information.” In a sinister attempt to win the lawsuit, TCA claimed that its website did not deny certain underlying historical facts, affirming that “certainly hundreds of thousands of Armenians died.” However, since the Turkish website had alleged that it is “highly unlikely that a genocide charge could be sustained against the Ottoman government or its successor,” the judges ruled in favor of the university asserting that TCA had in fact engaged in “denial.”

 

TCA’s malicious lawsuit disturbed many US scholars who were worried that this case would set a dangerous precedent and have a chilling effect on academic freedom. The gravity of these concerns had prompted the Middle East Studies Association to demand TCA to withdraw its lawsuit.

 

Although TCA failed in its bullying tactics against the University of Minnesota, there is no guarantee that this Turkish group will stop suing other academic or civic organizations for refusing to cave in to Turkey’s denialist campaign. It should be noted that TCA spent $630,000 on legal fees out of its 2010 budget of $3.6 million. Significantly, no mention was made in its annual report of the sources of TCA’s funding, except a passing remark that it is “supported entirely by private donations.” The Boston Business Journal reported that Turkish-American Yalcin Ayasli, founder of Hittite Microwave Corp., contributed $30 million to TCA in 2007.

 

TCA engaged in the following wide ranging activities and political objectives with its $3.6 million budget in 2010:

 

— Delivered 75 position papers to members of Congress and US opinion leaders;

— Monitored the American media;

— Took a Native American business delegation to Turkey;

— Lobbied the Congress against the Armenian Genocide resolution;

— Advertised in Roll Call and Washington Quarterly;

— Organized Summer internships in Washington for Turkish students;

— Provided scholarships to African-American, Armenian-American, Hispanic American, Native American, and Turkish-American students to study in Turkish universities;

— Awarded grants for academic conferences;

— Offered research fellowships to professors Michael Gunter, Justin McCarthy, Hakan Yavuz, and others;

— Contributed $100,000 grants to each of the Assembly of Turkish American Associations and Federation of Turkish American Associations, and a smaller amount to the Azerbaijan Society of America;

— Spent $630,000 on lawsuits against various entities that support the Armenian Genocide issue;

— Funded congressional trips to Turkey, and

— Filed a report with the US government accusing the Armenian National Committee of America (ANCA) of being a “hate group.”

 

Given TCA’s tax-exempt charitable status, the Internal Revenue Service should investigate the legality of this Turkish group’s involvement in such extensive political and lobbying activities.


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2 responses to “Lawsuit-Happy Turkish Group (TCA) Loses Appeal on Armenian Genocide”

  1. Ergun Kirlikovali Avatar
    Ergun Kirlikovali

    This CENSORSHIP SANCTIONED BY COURTS ?

    By: Ergun Kirlikovali

    Son of Turkish Survivors on both the Paternal & Maternal Sides

    (whose family stories of suffering are now censored in America by this draconian court decision)

    9741 Irvine Center Drive, Irvine, CA 92618 * Phone: 949-878-1186

    This rule by the 8th U.S. Circuit Court of Appeals (St. PAUL, Minnesota) is nothing less than censorship by academia being sanctioned by law, encouraging more arbitrary and partisan approaches to future controversial issues. It is a significant blow to the freedom of speech, where unpopular views, publications, websites, and other sources can now be declared off-limits with a stroke of a pen of an irate professor. This 21st Century style censorship, sanctioned under the guise of supporting academic freedom, ironically, constitutes a vicious attack at the very foundations of and erodes freedom of speech for us all, the people.

    There is a formidable array of world renown historians who disagree with the partisan characterization of “Turkish Armenian conflict” by some U of M genocide scholars. Some of these historians, unlike the passionate promoters of the genocide view at the U of M, speak the Ottoman-Turkish language, have studied the Ottoman archives, and wrote books on their findings. These views will now be excluded from the study of a conflict. Imagine evaluating other controversies like abortion, gun control, immigration, taxes, Iraq war, Afghan war, or many others, based on input from only one side. A professor who despises responsible opposing views can declare them “off-limits” now. Is this the America, with censorship lurking around the corner at every campus, that the deciding judges preferred to see in the future?

    Supreme Court Justice Oliver Wendell Holmes articulated the above sentiments more than eighty years ago when he championed that freedom of speech does not protect “free thought for those who agree with us, but freedom for the thought that we hate.” U.S. v. Schwimmer, 279 U.S.644, 49 S. Ct. 448, 73 L. Ed. 889 (1929). In other words, you may or may not like me, or hate what I think and say, but you must respect my freedom to think and say it. The unfortunate verdict shows, apparently, that this basic tenet of American value system, which is enshrined in the U.S. Constitution, is simply lost on the The 8th U.S. Circuit Court of Appeals judges.

    It is not that the TCA website and similar ones wish to have restrictions placed on the right of the faculty at the U of M to offer an opinion about the historical events involving the death of many; it is that they want these faculty members to refrain from restraining students’ freedom of speech so the students can find out that the term “many” actually includes the other side’s victims, too.

    Can one understand a conflict between the US and Russia by censoring Russian archives?

    Or between US and China by censoring Chinese archives?

    Or abortion conflict by censoring pro-life archives? Or pro-choice archives?

    How can one then understand Turkish Armenian conflict by only studying Armenian documents?

    HERE IS YOUR LITMUS TEST FOR CENSORSHIP: TAKE A LOOK AT THIS INCREDIBLE PHOTO

    Before you rush to get a rope to hang the person who brought it to your attention, due to ill-feelings pumped by incessant Armenian propaganda supported by the U of M genocide scholars, please kindly take a look at this simple, unassuming, frame of photo from an Armenian source, currently located at http://www.ETHOCIDE.com , which refutes the Armenian narrative lock, stock, and barrel.

    Taken in 1906, it depicts Armenian military cadets in full uniform, proudly posing their Russian-made MOSIN rifles brandished, at an Armenian Military Academy in Bulgaria. This photo is the tiny needle that bursts the “genocide balloon” forever!

    Do these people in the photo look like “poor, starving, unarmed, helpless, innocent Armenian women and children” to you?

    This single frame is a “smoking gun” of sorts that completely destroys the house of cards the Armenians built in their genocide claims,

    … that Armenians were always loyal, hardworking citizens;

    … that they never did anything to betray their country;

    … that they never had armies;

    … that they had no guns;

    … that they were poor, starving, unarmed, helpless souls;

    … that everything happened one day on April 24, 1915 one day;

    … that there was no provocation or prior history of violance;

    …and that the Armenians never posed a threat.

    The Armenian myth is blown with a single photo…

    Now, do you think you would censor this photo?

    Would censoring this photo, like the U of M genocide scholars wish and the 8th U.S. Circuit Court of Appeals judges agree, help freedom of speech or hurt it? Would it help the debate or not? Would such censorship make America a better place?

    And now the surprise: Armenians themselves did not believe in censoring this photo, because this photo is taken from an Armenian book: Houshamatyan of the Armenian Revolutionary Federation, Centennial, Album-Atlas, Volume I, Epic Battles, 1890-1914 (The Next Day Color Printing, Inc., Glendale, CA, U.S.A., 2006).

    The Turkish archives are replete with such photos, maps, documents, whether the U of M genocide scholars like it or not. This photo, by the way, does not deny Armenian suffering; it just proves Armenian complicity in the tragedy that engulfed the entire geography during WWI where all peoples suffered terribly, not just the Armenians.

    How you handle this photo–and thousands like this proving Armenian war crimes, terrorism, hate crimes, revolts, treason, and territorial demands for the first apartheid of 20th Century, all in the Turkish archives and all ignored by the U of M genocide scholars– exposes who you really are:

    a fair and decent person driven by facts?

    or a member of a lynch-mob driven by ethno-religious hate speech who never heard the other side of the story because it was censored by partisan scholars at U of M?

    ***

  2. turkishforum Avatar
    turkishforum

    Çrş, 2012-05-09 tarihinde 17:20 +0000 saatinde, Disqus yazdı:

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