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States News Service
February 5, 2013 Tuesday
U.S. COURT OF APPEALS RULES IN FAVOR OF THE UNIVERSITY OF MINNESOTA IN
CASE INVOLVING THE TURKISH COALITION OF AMERICA
Minneapolis, MN
The following information was released by the University of Minnesota
- Twin Cities:
-The U.S. Court of Appeals for the Eighth Circuit ruled in favor of
the university today in a closely watched case involving First
Amendment and academic freedom claims. The plaintiff in the case,
Turkish Coalition of America, claimed that statements on a university
department website that suggested that the Turkish Coalition's
information about the Armenian genocide was "unreliable" violated its
free speech rights and were defamatory. A university student also
allegedly feared he would be subjected to academic reprisals if he
used information from the organization's website in his own work.
The federal district court had previously granted the university's
motion to dismiss the claims, based principally upon its finding that
the university's website contained statements of faculty scholarly
opinion and critique that were protected by the doctrine of academic
freedom.
The Court of Appeals today affirmed the District Court's dismissal of
the plaintiff's claims. It found the Turkish Coalition free speech
claim failed because it could not show it had suffered any
restrictions on its speech activities. The Court of Appeals also found
that the Turkish Coalition's defamation claims failed because the
university faculty's statements were either true or were statements of
opinion, which cannot support a defamation claim. The Court of Appeals
also found the student had no standing to bring any claims because he
could not show he suffered any injury.
The case has been watched closely by scholars around the United States
and the world because of its implications for principles of academic
freedom.
U of M General Counsel Mark Rotenberg stated, "Today's federal court
decision confirms the right of universities and their faculty to offer
scholarly criticism and critique on websites without fear of legal
exposure. This protection is especially important when the scholarly
opinions expressed by the faculty are controversial. We are very
pleased to have successfully defended this important academic
interest."
February 5, 2013 Tuesday
U.S. COURT OF APPEALS RULES IN FAVOR OF THE UNIVERSITY OF MINNESOTA IN
CASE INVOLVING THE TURKISH COALITION OF AMERICA
Minneapolis, MN
The following information was released by the University of Minnesota
- Twin Cities:
-The U.S. Court of Appeals for the Eighth Circuit ruled in favor of
the university today in a closely watched case involving First
Amendment and academic freedom claims. The plaintiff in the case,
Turkish Coalition of America, claimed that statements on a university
department website that suggested that the Turkish Coalition's
information about the Armenian genocide was "unreliable" violated its
free speech rights and were defamatory. A university student also
allegedly feared he would be subjected to academic reprisals if he
used information from the organization's website in his own work.
The federal district court had previously granted the university's
motion to dismiss the claims, based principally upon its finding that
the university's website contained statements of faculty scholarly
opinion and critique that were protected by the doctrine of academic
freedom.
The Court of Appeals today affirmed the District Court's dismissal of
the plaintiff's claims. It found the Turkish Coalition free speech
claim failed because it could not show it had suffered any
restrictions on its speech activities. The Court of Appeals also found
that the Turkish Coalition's defamation claims failed because the
university faculty's statements were either true or were statements of
opinion, which cannot support a defamation claim. The Court of Appeals
also found the student had no standing to bring any claims because he
could not show he suffered any injury.
The case has been watched closely by scholars around the United States
and the world because of its implications for principles of academic
freedom.
U of M General Counsel Mark Rotenberg stated, "Today's federal court
decision confirms the right of universities and their faculty to offer
scholarly criticism and critique on websites without fear of legal
exposure. This protection is especially important when the scholarly
opinions expressed by the faculty are controversial. We are very
pleased to have successfully defended this important academic
interest."