Gavin Howe
English-only laws, which require that all official government business be conducted in English, have been proposed by some members of the US Congress as amendments to the Constitution. While many Americans believe that speaking English should be a requirement of US citizenship, such laws may violate First Amendment rights. In 1998, Arizona adopted a constitutional provision making English the state's official language, but this was later voided by the Supreme Court. Outside the US, English common law has been adopted by many former colonies, including Canada, Ghana, and Nicaragua, and is often enshrined in their constitutions.
| Characteristics | Values |
|---|---|
| English-only laws may violate First Amendment rights | |
| English-only laws may violate free-speech rights | |
| Some members of Congress have proposed amendments to the Constitution that would make English the official language of the nation | |
| Many Americans believe that the ability to speak English should be a requirement of U.S. citizenship |
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What You'll Learn
English-only laws and the First Amendment
The English-only movement, also known as the Official English movement, is a political movement that advocates for the exclusive use of the English language in official United States government communications. The movement seeks to establish English as the only official language in the United States. While the United States has never had a legal policy proclaiming an official national language, there have been various moves throughout history to promote or require the use of English.
The First Amendment of the United States Constitution guarantees several rights related to freedom of expression and speech. It prohibits Congress from making any law that abridges "the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." The First Amendment also protects the freedom of religion and the right to assemble.
English-only laws may violate the First Amendment rights, specifically the free speech rights of government employees and the general public. Legal commentators, such as Margaret Robertson, have argued that English-only laws can violate four First Amendment areas: the free speech rights of government employees, the free speech rights of the general public, the First Amendment right to communicate with or petition the government, and the right to equality.
In 1998, Arizona adopted a constitutional provision making English the official state language. Maria-Kelley Yniguez, an insurance claims adjuster for the Arizona Department of Administration, challenged this law as a violation of the free speech clause. The 9th U.S. Circuit Court of Appeals agreed, ruling that the law infringed on the rights of both public officials and public employees. However, the Supreme Court, in a decision written by Ruth Bader Ginsburg, voided this ruling on the grounds that Yniguez's subsequent employment had made her case moot.
Some members of Congress have proposed amendments to the Constitution that would make English the official language of the nation. While such an amendment would presumably override existing First Amendment objections, courts would still have considerable leeway in interpreting and enforcing it.
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English as an official language
English-only laws may violate the First Amendment rights of citizens. Many Americans believe that the ability to speak English should be a requirement of U.S. citizenship. However, this belief has been challenged by some, such as Maria-Kelley Yniguez, an insurance claims adjuster for the Arizona Department of Administration. In 1998, Arizona adopted a constitutional provision making English the state's official language, with the requirement that "all political subdivisions of this State shall act in English and no other language". Yniguez challenged this law as a violation of the free-speech clause as she wanted to continue the practice of counselling her clients in Spanish or English, depending on their needs. The 9th U.S. Circuit Court of Appeals affirmed a lower court judgment that the law was an overbroad infringement of the rights of both public officials and public employees.
Despite this challenge, some members of Congress have proposed amendments to the Constitution that would make English the official language of the nation. While such an amendment would presumably override existing First Amendment objections, courts would still have considerable leeway in interpreting it. The proposal of such an amendment highlights the ongoing debate surrounding the role of English as the official language in the United States and the potential conflict with the First Amendment rights of its citizens.
The English-only movement in the United States aims to make English the country's official language, with English-only laws being proposed and enacted at both the state and federal levels. Proponents of English-only laws argue that a common language is necessary for national unity and that the use of multiple languages in government services and documents is costly and inefficient. On the other hand, opponents of English-only laws argue that they discriminate against non-English speakers and violate the First Amendment rights to freedom of speech and expression.
The debate over English-only laws has led to legal challenges and varying opinions across the country. While some states, like Arizona, have adopted English as their official language, others have rejected such proposals. The Supreme Court's involvement in the Arizonans for Official English case demonstrates the complexity and significance of this issue in shaping the country's linguistic landscape. The outcome of similar future cases will have a profound impact on the rights of non-English speakers and the role of language in American society.
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English-only laws and free speech rights
English-only laws may violate the First Amendment rights and the equal protection provision of the 14th Amendment. Legal commentator Margaret Robertson has observed that lower courts that have addressed this issue have found that English-only laws can violate four First Amendment areas: the free speech rights of government employees, legislators, and elected government officials, as well as the First Amendment rights of non-English-speaking citizens to petition their government for redress of grievances.
In 1998, Arizona adopted a constitutional provision making English the state’s official language and requiring that “ [t]his State and all political subdivisions of this State shall act in English and no other language." Maria-Kelley Yniguez, an insurance claims adjuster for the Arizona Department of Administration, challenged this law as a violation of the free-speech clause. Yniguez wanted to continue the practice of counseling her clients in Spanish or English, depending on their needs. The 9th U.S. Circuit Court of Appeals affirmed a lower court judgment that the law was an overbroad infringement of the rights of both public officials and public employees. The Supreme Court, in a decision written by Ruth Bader Ginsburg, subsequently voided this ruling in the case of Arizonans for Official English and Robert D.
Some members of Congress have proposed amendments to the Constitution that would make English the official language of the nation. Such an amendment would presumably override existing First Amendment objections, but courts might still have considerable leeway in how they interpreted it.
Freedom of speech is a principle that supports the freedom of an individual or community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech.
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English-only laws in Arizona
Arizona's English-only laws have been a subject of controversy, with some arguing for their repeal due to their negative impact on multilingual students and cultural communities. Arizona is the only state with an English-only education law, which was passed in 2000 as Proposition 203. This law mandates that students learning English (EL students) receive instruction exclusively in English, prohibiting their native language from being used in classrooms. The law has faced significant criticism and legal challenges, with claims that it violates the First Amendment rights and infringes on the rights of public officials and employees.
The English-only law in Arizona has led to concerns about the academic struggles of Latino and immigrant students, as well as the segregation and disadvantages faced by EL students. Arizona's EL students have lower passing rates on standardized tests compared to their peers. The law requires EL students to spend a year in Structured English Immersion classes until they achieve proficiency in English. However, the lack of support in their native languages often extends their time in these classes, impacting their learning and well-rounded education.
Proponents of the English-only law, such as Arizona Superintendent of Public Instruction Tom Horne, argue for an English-only approach to bilingual education. Horne has used legal means to oppose non-English-only curriculums and cites a 2006 study by Joseph Guzman to support his position. He contends that restricting students from learning in their native and new languages is beneficial. However, critics argue that English immersion may show initial improvements but fails to provide long-term success.
The negative consequences of Arizona's English-only law extend beyond academics. Multicultural communities, including Nogales and Native American communities, find the law offensive as it prioritizes English over their native languages. This devaluation of other languages goes against the preservation and revitalization of cultural heritage. Additionally, the law has been found to be discriminatory. An investigation by the U.S. Department of Education Civil Rights office and the U.S. Department of Justice concluded that the Arizona Department of Education discriminated against student English learners based on their nationality from 2006 to 2010.
While Arizona's English-only law remains in effect, there have been some efforts to mitigate its impact. In 2019, the Legislature loosened bilingual education laws, providing schools with the option to reduce the hours of mandated English instruction. However, a full repeal of the law requires voter intervention, and it is clear that the current approach has not yielded positive results. The law continues to face opposition, and there are ongoing discussions about implementing evidence-based instructional models, such as dual-language programs, to better serve Arizona's multilingual student population.
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English-only laws and US citizenship
The ability to speak English is not a requirement for US citizenship. While many Americans believe that it should be, English-only laws may violate the First Amendment rights and the equal protection provision of the 14th Amendment.
In 1998, Arizona adopted a constitutional provision making English the state’s official language and requiring that “ [t]his State and all political subdivisions of this State shall act in English and no other language.." Maria-Kelley Yniguez, an insurance claims adjuster for the Arizona Department of Administration, challenged this law as a violation of the free-speech clause. Yniguez wanted to continue the practice of counseling her clients in Spanish or English, depending on their needs. The 9th U.S. Circuit Court of Appeals affirmed a lower court judgment that the law was an overbroad infringement of the rights of both public officials and public employees.
English-only laws apply primarily to government programs. However, such laws can also affect private businesses. For example, several Southern California cities have passed ordinances that forbid or restrict the use of foreign languages on private business signs. English-only advocates have also opposed a telephone company's use of multilingual operators and multilingual directories, federal communications commission licensing of Spanish-language radio stations, and bilingual menus at fast-food restaurants.
It is important to note that naturalization for US citizenship does not require English literacy for people over 50 or for those who have been in the US for a long time. Additionally, the 1995 study of government print communications found that only a small percentage were in a language other than English.
Some members of Congress have proposed amendments to the Constitution that would make English the official language of the nation. Such an amendment would presumably override existing First Amendment objections, but courts might still have considerable leeway in how they interpreted it.
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Frequently asked questions
No, English-only laws are not constitutional in the United States. In 1998, Arizona adopted a constitutional provision making English the state’s official language. Maria-Kelley Yniguez, an insurance claims adjuster, challenged this law as a violation of the free-speech clause. The 9th U.S. Circuit Court of Appeals affirmed a lower court judgment that the law was an overbroad infringement of the rights of both public officials and public employees.
While English-only laws are not currently constitutional, some members of Congress have proposed amendments to the Constitution that would make English the official language of the nation. This would presumably override existing First Amendment objections, but courts might still have considerable leeway in how they interpreted it.
Many Americans believe that the ability to speak English should be a requirement of U.S. citizenship.
