TURKISH COALITION OF AMERICA, INC. v. Bruininks
678 F.3d 617
8th Cir.2012Background
- Center for Holocaust and Genocide Studies at University of Minnesota maintained an "Unreliable Websites" list that included TCA; list prefaced with warnings to avoid such sources.
- In late 2008–2009, TCA challenged the listing; university responded that it reflected the Center's opinion and did not bar access to TCA.
- November 2010, Cingilli (a University freshman) asked Chaouat about using the TCA site; Chaouat discouraged use and suggested potential academic consequences.
- Following the exchange, the Center removed the unreliable list and offered different resources; university denied improper motive.
- TCA and Cingilli sued for First Amendment and defamation claims; district court dismissed all claims for failure to state a claim; standing issues not decided on the merits.
- The Eight Circuit affirmed TCA’s First Amendment and defamation claims, but vacated and remanded Cingilli’s First Amendment claim for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of Cingilli to assert First Amendment claim | Cingilli alleges chilling effect from Chaouat’s warnings | No credible evidence Chaouat affects Cingilli's grades; speculative | No standing; failure to plead plausible injury |
| Standing of TCA to assert First Amendment claim | Unreliable label and stigma injure TCA's reputation | Meese-based standing supports organizational standing for reputation injury | Standing exists; cognizable injury pled |
| TCA First Amendment claim merits | Professorial warnings violate right to receive ideas and to access sources | No access obstruction; Pico/Bantam/Meese distinctions control | Claim fails on merits; no First Amendment violation |
| TCA defamation claim merits | Statements about TCA are false and defamatory | Statements are true or non-actionable opinions | Defamation claim dismissed |
Key Cases Cited
- Board of Education, Island Trees U.F.S. Dist. No. 26 v. Pico, 457 U.S. 853 (1982) (right to receive ideas; removal of books not shown here)
- Bantam Books, Inc. v. Sullivan, 372 U.S. 58 (1963) (government actions that chill distribution of publications)
- Meese v. Keene, 481 U.S. 465 (1987) (measures affecting speech not necessarily blocking access; standing may exist)
- Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951) (reputational injury of organizations; impact of labeling)
- S. Mut. Help Ass'n, Inc. v. Califano, 574 F.2d 518 (1977) (standing for organizations challenging government action)
- Riggs v. City of Albuquerque, 916 F.2d 582 (10th Cir. 1990) (standing where organizations allege reputational harm)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requirements; concrete injury)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading plausibility standard)
- Geraci v. Eckankar, 526 N.W.2d 391 (1995) (statements of public concern; actionable defamation analysis)
- Foley v. WCCO Television, Inc., 449 N.W.2d 497 (Minn. Ct. App. 1989) (truth as defense in defamation)