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  • Lewy Lawsuit against the Southern Poverty Law Center

    http://www.insidehighered.com/news/2009/05/04/lewy

    Inside Higher Ed

    Going After a Scholar's Critic
    May 4, 2009

    Guenter Lewy, a professor emeritus of political science at the
    University of Massachusetts at Amherst, is a scholar whose work has been
    praised by Turkey's government. When the embassy of Turkey in Washington
    was upset over a PBS documentary on the Armenian genocide during World
    War I, the ambassador's statement on the program noted the work of
    "respected scholar Guenter Lewy, whose latest book The Armenian
    Massacres in Ottoman Turkey: A Disputed Genocide documents the
    incomplete historic record and excessive politicization associated with
    the issue."

    Lewy does not believe that the slaughter of Armenians during World War I
    was a genocide - a position that puts him outside the consensus of
    scholars of genocide. Lewy's 2005 book on the subject argues that while
    there were indeed many tragic deaths, there was no attempt by those in
    power to commit genocide, and that war was the primary cause of the
    deaths. In an interview two years ago, Lewy said that the book -- which
    was criticized by some scholars of genocide -- had been rejected by 11
    publishers, including 4 university presses, before the University of
    Utah Press published it.

    Among those who joined the attacks on the book and Lewy was the Southern
    Poverty Law Center, a group known for its studies of hate groups -- a
    focus that has led the center to criticize Holocaust deniers and those
    who deny the attacks or bias experienced by members of various groups.
    Lewy featured prominently in an article published by the center last
    year, "State of Denial."

    Now Lewy -- with backing from the Turkish American Legal Defense Fund --
    is seeking millions in damages from the center in a lawsuit for
    defamation.

    The lawsuit asserts a set of facts about what happened to the Armenians
    that differ from what many historians say. Generally, the suit
    characterizes the question of an Armenian genocide as open to question
    and debate.

    "Since the conclusion of World War I and the disintegration of the
    Ottoman Empire, an historical and legal controversy has raged over
    whether, in the context of war and an undeniable Armenian rebellion
    against the Ottoman government in favor of its enemies, the deaths of a
    large number of Ottoman Armenians as a result of combat, disease,
    starvation, exposure, and massacre constituted the crime of genocide,"
    the suit says.

    "At present, those who dispute that the genocide label is apt are
    characteristically maligned by those who favor the genocide thesis as
    indistinguishable from 'Holocaust deniers' who are either bigoted
    against Armenians or Christians or are on the Turkish government
    payroll. Little solace can be derived from the fact such current
    intimidations mark an improvement from earlier decades. Then, those who
    defended the contra-genocide thesis could expect physical assaults or
    even assassination attempts."

    Some scholars fear that the suit is part of a campaign to silence those
    who criticize scholarship that Turkey favors. In recent months, the
    Turkish American group has sent letters to the presidents of Hampshire
    College and McGill University on campus disputes involving the Armenian
    genocide, suggested a willingness to become involved with disputes large
    and small concerning the way the Armenian genocide is discussed.

    Simon Payaslian, who holds an endowed chair in Armenian history and
    literature at Boston University, said he was not familiar with the
    lawsuit or its specific claims. But he sees it as part of a pattern. "I
    think the pro-Turkish scholars have launched a new wave of denialist
    argument."

    Related issues of academic freedom and academic integrity are at play,
    Payaslian said. Part of academic freedom should be the right of those
    who disagree with scholars to question their work. Payaslian said he
    strongly disagrees with Lewy's book and sees its theories about the
    genocide as being wrong, and deserving of strong scholarly scrutiny. He
    said that he fears that pro-Turkish groups "are trying to suffocate any
    kind of criticisms that these nationalists think is objectionable."

    The lawsuit against the Southern Poverty Law Center says of Lewy that he
    "bravely acted pursuant to the highest standards of scholarly integrity
    in his research, writing, and speaking about the fate of the Ottoman
    Armenians in the midst of a climate hostile to open inquiry and debate."

    Two quotes in the Southern Poverty Law Center article are cited as
    defamatory. One states: "Lewy is one of the most active members of a
    network of American scholars, influence peddlers and website operators,
    financed by hundreds of thousands of dollars each year from the
    government of Turkey, who promote the denial of the Armenian genocide.
    ..."

    The other states: "Lewy makes similar revisionist claims in his 2005
    book The Armenian Massacres in Ottoman Turkey: A Disputed Genocide and
    in frequent lectures at university campuses across the country. ...
    Revisionist historians who conjure doubt about the Armenian genocide and

    are paid by the Turkish government provided politicians with the
    intellectual cover they needed to claim they were refusing to dictate
    history rather than caving in to a foreign government's present-day
    interests." (The article goes on to mention specific support by Turkey
    for research or research centers involving American scholars, but does
    not cite an example of Turkey providing funds to Lewy.)

    According to the suit, the statements "assert or imply" acts "of moral
    turpitude" in that they imply that Lewy "has and continues to compromise
    his scholarship on the fate of the Ottoman Armenians and disputes the
    genocide characterization of the events of 1915-1916 in exchange for
    money from the Government of Turkey" and that Lewy "deceives his readers
    and audiences when he addresses the controversy surrounding the Armenian
    allegation of genocide by concealing his receipt of money from the
    Government of Turkey."

    Further the suit says that the statements "individually and taken as a
    whole in context of the article ... are defamatory because they falsely
    impute to Plaintiff academic corruption, fraud and deceit. ..." As a
    result of the accusations, the suit says that Lewy has had his
    "scholarly credibility" hurt and has lost book sales and speaking
    engagements.

    "The acute stigma attached to failures to disclose the receipt of money
    or its equivalent that could distort academic or professional judgments
    finds expression in a welter of government conflict-of-interest
    regulations and financial disclosure standards embraced by highly
    respected professional publications, including the Food and Drug
    Administration, National Institutes of Health, The New England Journal
    of Medicine and the Journal of the American Medical Association."

    The Southern Poverty Law Center declined to comment on the suit, saying
    that it was its policy not to discuss litigation.

    The issue of whether Turkish support for research in the United States
    comes with strings attached has been contentious in the past. Last year,

    a scholar who teaches at the State University of New York at Binghamton
    went public with his complaint that he was given a choice by Turkish
    officials -- after using the word "genocide" to describe what happened
    to the Armenians -- of either quitting his position as chair of the
    Institute of Turkish Studies, based at Georgetown university, with
    support from Turkey's government, or of seeing support for the center
    evaporate. (The Turkish embassy in Washington strongly denies these
    allegations.)

    Lewy's number is unlisted and his lawyer, Bruce Fein, said he is
    traveling. Fein said he could not answer the question of whether Lewy
    has ever received support from Turkey or from research entities
    supported by Turkey. Fein said that was "not a key fact at all" because
    the suit is based on the accusation that support from Turkey compromised
    Lewy's scholarship, which isn't the same as receiving support from
    Turkey.

    "He could have gotten $10 in tax reimbursements in Istanbul," Fein said.
    Asked if it wasn't odd for a lawyer to file a defamation suit focused on
    the alleged implications of a scholar receiving support from Turkey,
    without knowing if the scholar had received support from Turkey, Fein
    said "you can draw whatever inferences you want."

    - Scott Jaschik

    From: Emil Lazarian | Ararat NewsPress
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