Turkish Coalition of America, Inc. v. Bruininks

804 F. Supp. 2d 959, 2011 U.S. Dist. LEXIS 33948, 2011 WL 1258517
CourtDistrict Court, D. Minnesota
DecidedMarch 30, 2011
DocketCivil No. 10-4760 (DWF/FLN)
StatusPublished

This text of 804 F. Supp. 2d 959 (Turkish Coalition of America, Inc. v. Bruininks) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turkish Coalition of America, Inc. v. Bruininks, 804 F. Supp. 2d 959, 2011 U.S. Dist. LEXIS 33948, 2011 WL 1258517 (mnd 2011).

Opinion

MEMORANDUM OPINION AND ORDER

DONOVAN W. FRANK, District Judge.

INTRODUCTION

Plaintiffs Turkish Coalition of America (“TCA”) and Sinan Cingilli brought this action against The University of Minnesota and two University officials, Robert Bruininks and Professor Bruno Chaouat, asserting that Defendants violated their constitutional rights to free speech, equal protection, and due process. Plaintiffs also assert state-law claims for defamation. The matter is before the Court on Defendants’ motion to dismiss Plaintiffs’ Complaint. For the reasons set forth below, the Court grants Defendants’ motion.1

BACKGROUND

TCA is a not-for-profit corporation whose objective is, among other things, to educate the general public about Turkey and Turkish Americans; to foster friendship, understanding and cooperation between the United States and Turkey; to protect the character and ensure a realistic portrayal of Turkey and Turkish Americans in the media and the arts; and to serve as a “think tank of expertise and a clearinghouse of information on Turkey and Americans of Turkish descent.” (Compl. ¶ 19.) TCA operates a website through which TCA maintains that the issue of whether the deaths of Ottoman Armenians during World War I constitute a crime of genocide under the Genocide Convention of 1948 and implementing domestic law in the United States is a genuine historical and legal controversy. (Compl. ¶3.) TCA’s website further “argues that the facts and the law make it unlikely that a genocide charge could be sustained against the Ottoman government or its successor before a neutral arbiter.” (Id.) This viewpoint is referred to as the “contra-genocide viewpoint.” (Id.)

The University of Minnesota (the “University”) is a public research university founded in 1851. Defendant Robert H. Bruininks is the President of the University. (Compl. ¶ 25.) Defendant Professor Bruno Chaouat is the Director of the Center for Holocaust and Genocide Studies (“CHGS”) at the University. (Id. ¶ 26.) CHGS is a collegiate center in the College of Liberal Arts at the University. Plaintiff Sinan Cingilli is a freshman student at the University. (Id. ¶ 24.)

The CHGS considers the killing of Ottoman Armenians during World War I a case of genocide. (Compl. ¶ 91, Ex. 7.) From sometime in 2006 through November 18, 2010, the “Curriculum Models” section of the CHGS website included a statement under the heading “Unreliable Websites”:

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. We also do not advise using sites with excessive advertising.

(Compl. ¶¶ 8, 34 & Ex. 1 (the “Unreliable Websites Statement”).) Stephen Feinstein served as the director of CHGS when the Unreliable Websites Statement was added to CHGS’s website. (Id. ¶ 34.)

[962]*962TCA’s website was listed as unreliable. Other listed websites included, without limitation; Armenian Issue Blog, Assembly of Turkish American Associations, and Armenian Genocide Debate. (Id.) Wikipedia was listed “for anything related to the Holocaust & Genocide, because of the nature of the subject matter & contested history, [sic] can be unreliable.” (Id.) Some listed websites are noted to be “revisionist” or run by “denier organizations.” (Id.) Others are noted as being “overly immersed in advertising,” believed to “cause[ ] computer malfunctions,” and “interesting but only backed & run by students” with “no indication of academic supervision.” (Id.)

In late 2008 or early 2009, the Turkish American Legal Defense Fund (“TALDF”) protested TCA’s inclusion on the list of unreliable websites in a letter to the office of President Bruininks. (Compl. ¶ 79, Ex. 2.) The TALDF’s letter read in part:

It was with both astonishment and chagrin that TALDF discovered that a sister organization, [TCA], is currently de facto censored and stigmatized by the university and [the CHGS] who have placed TCA at the top spot on the CHGS’ list of “Unreliable Websites.”
TALDF discerns no bona fide educational purpose for any part of a public university to maintain an official list of “unreliable websites” issued by the decree of one of its institutes.
Plainly, the list coupled with the warning to students also constitutes viewpoint discrimination that flagrantly violates the First Amendment.

(Id.)

The University responded by letter on August 10, 2009, explaining its position that the CHGS had the right to express its opinion regarding the reliability of the information set forth on various websites, that TCA remains free to express its views, and that the CHGS would not remove TCA’s website from the list. (Compl. ¶ 81, Ex. 4.) The University’s response read in part:

We find no indication that the list places any restriction on TCA’s freedom of speech. TCA remains free to communicate its views. Students and the public at large remain free to access the TCA website. Instead, the list is a statement of the [CHGS’s] opinion regarding the reliability of the various websites, and its recommendations regarding the use of the websites by students conducting scholarly research. The Center has the right to formulate and express its opinions on such issues. *

On or about November 5, 2010, Mr. Cingilli met with Professor Chaouat to discuss the use of websites listed as unreliable on the CHGS website for a research paper. (Compl. ¶ 89.) Plaintiffs allege that Professor Chaouat described the listed websites as “denialist” and discouraged Mr. Cingilli from using the websites. (Id.) Plaintiff further alleges that when asked, Professor Chaouat did not deny that there would be adverse academic consequences for using the website. (Id.) Plaintiffs contend that Mr. Cingilli was afraid to use TCA’s website after speaking with Professor Chaouat. (Id. ¶ 90.)2

On or about November 18, 2010, the CHGS removed the unreliable websites list from its website and replaced it with the following “Warning to Researchers”:

Students and researchers should be aware that there is a proliferation of [963]*963websites operated by Holocaust and genocide deniers that CHGS and others in the academic community consider unreliable.
CHGS encourages all researchers to exercise caution when they use the Internet and any other media (films, books, journals, etc.). Our Center, staff, advisory board and experts are here to assist researchers on a ease-by-case basis. We consider it our obligation to orient researchers toward reference materials which, in our opinion, represent the best scholarship in the field of Holocaust and genocide issues.
We recommend that researchers interested in the history, psychology and ideology of Holocaust and genocide denial should begin their investigation with the following resources.
Remembrance and Denial: The Case of the Armenian Genocide by Richard G. Hovannisian. Detroit: Wayne State University Press, 1999.

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