From: kadie@cs.uiuc.edu (Carl M. Kadie)
Subject: [ACLU] "English Only"
Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
Date: Mon, 11 Jan 1993 05:18:22 GMT

[Information about other on-line civil-liberties information is appended.]

Published by the Department of Public Education
American Civil Liberties Union
132 West 43rd Street.
New York, NY 10036
(212) 944-9800

ACLU Briefing Paper Number 6
"English Only"

          ================
          From its inception, the United States has been a
          multilingual nation.
          ================

At the time of the nation's founding, it was commonplace to hear as
many as 20 languages spoken in daily life, including Dutch, French,
German and numerous Native American languages.  Even the Articles of
Confederation were printed in German, as well as English.  During the
l9th and early 20th centuries, the nation's linguistic diversity grew
as successive waves of Europeans immigrated to these shores and U.S.
territory expanded to include Puerto Rico, Hawaii and the Phillipines.

Just as languages other than English have always been a part of our
history and culture, debate over establishing a national language
dates back to the country's beginnings.  John Adams proposed to the
Continental Congress in 1780 that an official academy be created to
"purify, develop, and dictate usage of," English.  His proposal was
rejected as undemocratic and a threat to individual liberty.
Nonetheless, restrictive language laws have been enacted periodically
since the late 19th century, usually in response to new waves of
immigration.  These laws, in practice if not in intent, have punished
immigrants for their foreignness and violated their rights.

In the early 1980s, again during a period of concern about new
immigration, a movement arose that seeks the establishment of English
as the nation's official language.  The "English Only" movement
promotes the enactment of legislation that restricts or prohibits the
use of languages other than English by government agencies and, in
some cases, by private businesses.  The movement has met with some
success: "English Only" laws having been passed in several states.
And, for the first time in the nation's history, an English Language
Amendment to the Constitution has been proposed.  The ACLU opposes
"English Only" laws because they can abridge the rights of individuals
who are not proficient in English, and because they perpetuate false
stereotypes of immigrants and non-English speakers.  We believe,
further, that such laws are contrary to the spirit of tolerance and
diversity embodied in our Constitution.  An English Language Amendment
to the Constitution would transform that document from being a charter
of liberties and individual freedom into a charter of restrictions
that limits, rather than protects, individual rights.

Here are the ACLU's answers to some questions frequently asked by the
public about "English Only" issues.


---
What is an "English Only" law?
---

"English Only" laws vary.  Some state statutes simply declare English
as the "official" language of the state.  Other state and local edicts
limit or bar government's provision of non-English language assistance
and services.  For example, some restrict bilingual education
programs, prohibit multilingual ballots, or forbid non English
government services in general--including such services as courtroom
translation or multilingual emergency police lines.


---
Where have such laws been enacted?
---

Sixteen states have "English Only" laws, and many others are
considering such laws.  In some states, the laws were passed decades
ago during upsurges of nativism, but most were passed within the last
few years.  The "English Only" states are Arizona, Arkansas,
California, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky
Mississippi, Nebraska, North Carolina, North Dakota, South Carolina,
Tennessee and Virginia.


---
What are the consequences of "English Only" laws?
---

Some versions of the proposed English Language Amendment would void
almost all state and federal laws that require the government to
provide services in languages other than English.  The services
affected would include: health, education and social welfare services;
job training and translation assistance to crime victims and witnesses
in court and administrative proceedings; voting assistance and
ballots; drivers' licensing exams, and AIDS-prevention education.
Passage of an "English Only" ordinance by Florida's Dade County in
1980, barring public funding of activities that involved the use of
languages other than English, resulted in the cancellation of all
multicultural events and bilingual services, ranging from directional
signs in the public transit system to medical services at the county
hospital.  Where basic human needs are met by bilingual or
multilingual services, the consequences of eliminating those services
could be dire.  For example, the Washington Times reported in 1987 that
a 911 emergency dispatcher was able to save the life of a Salvadoran
woman's baby son, who had stopped breathing, by coaching the mother in
Spanish over the telephone to administer mouth-to-mouth and
cardiopulmonary resuscitation until the paramedics arrived.


---
Do "English Only" laws affect only government services and programs?
---

"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.  Some
"English Only" advocates have 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.


---
Who is affected by "English Only" laws?
---

"English Only" campaigns target primarily Latinos and Asians, who make
up the majority of recent immigrants. Most language minority residents
are Spanish-speaking, a result of the sharp rise in immigration from
Latin America during the mid-1960s.

While the overwhelming majority of U.S. residents--96 percent--are
fluent in English, approximately ten million residents are not fluent,
according to the most recent census.


---
How do "English Only" laws deprive people of their rights?
---

The ACLU believes that "English Only" laws are inconsistent with the
Equal Protection Clause of the Fourteenth Amendment.  For example, laws
that have the effect of eliminating courtroom translation severely
jeopardize the ability of people on trial to follow and comprehend the
proceedings.  "English Only" laws interfere with the right to vote by
banning bilingual ballots, or with a child's right to education by
restricting bilingual instruction.  Such laws also interfere with the
right of workers to be free of discrimination in workplaces where
employers have imposed "speak English only" rules.  In 1987, the ACLU
adopted a national policy opposing "English Only" laws or laws that
would "characterize English as the official language in the United
States...to the extent that [they] would mandate or encourage the
erosion" of the rights of language minority persons.


---
What kinds of language policies were adopted with regard to past
generations of immigrants?
---

Our nation was tolerant of linguistic diversity up until the late
1800s, when an influx of Eastern and Southern Europeans, as well as
Asians, aroused nativist sentiments and prompted the enactment of
restrictive language laws.  A 1911 Federal Immigration Commission
report falsely argued that the "old" Scandinavian and German
immigrants had assimilated quickly, while the "new" Italian and
Eastern European immigrants were inferior to their predecessors, less
willing to learn English, and more prone to political subversion.  In
order to "Americanize" the immigrants and exclude people thought to be
of the lower classes and undesirable, English literacy requirements
were established for public employment naturalization, immigration and
suffrage.  The New York State Constitution was amended to disfranchise
over one million Yiddish-speaking citizens.  The California
Constitution was similarly amended to disfranchise Chinese who were
seen as a threat to the "purity of the ballot box."

Ironically, during the same period, the government sought to
"Americanize" Native American Indian children by taking them from
their families and forcing them to attend English language boarding
schools, where they were punished for speaking their indigenous
languages.  The intense anti-German sentiment that accompanied the
outbreak of World War I prompted several states, where bilingual
schools had been commonplace to enact extreme language laws.  For
example, Nebraska passed a law in 1919 prohibiting the use of any
other language than English through the eighth grade.  The Supreme
Court subsequently declared the law an unconstitutional violation of
due process.

Today, as in the past, "English Only" laws in the U.S. are founded on
false stereotypes of immigrant groups.  Such laws do not simply
disparage the immigrant's native languages but assault the rights of
the people who speak the languages.


---
Why are bilingual ballots needed since citizenship is required to
vote, English literacy is required for citizenship, and political
campaigns are largely conducted in English?
---

Naturalization for U.S. citizenship does not require English literacy
for people over 50, and/or who have been in the U.S. for 20 years or
more.  Thus, there are many elderly immigrant citizens whose ability
to read English is limited, and who cannot exercise their right to
vote without bilingual ballots and other voter materials.  Moreover,
bilingual campaign materials and ballots foster a better informed
electorate by increasing the information available to people who lack
English proficiency.


---
Doesn't bilingual education slow immigrant children's learning of
English, in contrast to the "sink or swim" method used in the past?
---

The primary purpose of bilingual programs in elementary and secondary
schools, which use both English and a child's native language to teach
all subjects, is to develop proficiency in English and, thus,
facilitate the child's transition to all-English instruction.
Although debate about this approach continues, the latest studies show
that bilingual education definitely enhances a child's ability to
acquire the second language.  Some studies even show that the more
extensive the native language instruction, the better students perform
all around, and that the bilingual method engenders a positive
self-image and self-respect by validating the child's native language
and culture.  The "sink or swim" experience of past immigrants left
more of them underwater than not.  In 1911, the U.S.  Immigration
Service found that 77 percent of Italian, 60 percent of Russian and 51
percent of German immigrant children were one or more grade levels
behind in school compared to 28 percent of American-born white
children.  Moreover, those immigrants who did manage to "swim" unaided
in the past, when agricultural and factory jobs were plentiful, might
not do so well in today's "high-tech" economy, with its more rigorous
educational requirements.


---
But won't "English Only" laws speed up the assimilation of today's
immigrants into our society and prevent their isolation?
---

In fact, contrary to what "English Only" advocates assume, the vast
majority of today's Asian and Latino immigrants are acquiring English
proficiency and assimilating as fast as did earlier generations of
Italian, Russian and German immigrants.  For example, research studies
show that over 95 percent of first generation Mexican Americans are
English proficient, and that more than 50 percent of second generation
Mexican Americans have lost their native tongue entirely.  In
addition, census data reveal that nearly 90 percent of Latinos five
years old or older speak English in their households.  And 98 percent
of Latinos surveyed said they felt it is "essential" that their
children learn to read and write English "perfectly."  Unfortunately
not enough educational resources are available for immigrants --over
40,000 are on the waiting list for over-enrolled adult English classes
in Los Angeles.  "English Only" laws do not increase resources to meet
these needs.  The best insurance against social isolation of those who
immigrate to our nation is acceptance--and celebration--of the
differences that exist within our ethnically diverse citizenry.  The
bond that unites our nation is not linguistic or ethnic homogeneity
but a shared commitment to democracy, liberty and equality.

The American Civil Liberties Union
132 West 43rd Street
New York, N.Y. 10036

============================================================================
=================
README
=================
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  [part of the Computers and Academic Freedom (CAF) Archive
     [part of the Electronic Frontier Foundation (EFF) Archive]]

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=================
README.subject-index
=================
* Subject Index for Civil Liberty Archive

=================
aclu.aclu
=================
* Guardian of Liberty: American Civil Liberties Union -- ACLU Briefing Paper #1

=================
aclu.history
=================
* A History of the ACLU -- Ira Glasser Speech

A transcript of a speech by Ira Glasser (ACLU national director, at the time),
before the National Press Club, Washington, DC. on October 6, 1988.  The speech
details the history of the ACLU and its work.

=================
aclu.membership-form
=================
* 1992 ACLU Membership Form

A reproduction of the 1992 ACLU membership form.

=================
aids.aclu
=================
* AIDS and Civil-Liberties -- ACLU Briefing Paper #13

=================
amendment2.co.usa
=================
AMENDMENT 2  (AMENDING THE COLORADO CONSTITUTION)
   "Neither the State of Colorado, through any of its branches or
departments, nor any of its agencies, political subdivisions,
municipalities or school districts, shall enact, adopt or enforce
any statute, regulation, ordinance or policy whereby homosexual,
lesbian, or bisexual orientation, conduct, practices or
relationships shall constitute or otherwise be the basis of or
entitle any person or class of persons to have or claim any
minority status, quota preferences, protected status, or claim of
discrimination."


=================
artistic-freedom.aclu
=================
* Artistic Freedom -- ACLU Briefing Paper #14

=================
bill-of-rights.history.aclu
=================
* A History of the Bill of Rights -- ACLU Briefing Paper #9

=================
campaign-92.aclu
=================
* Campaign for the Bill of Rights '92 -- ACLU

The American Civil Liberties Union's planks for its "Campaign for the
Bill of Rights '92". The planks are 1) a national campaign against
bigotry and racism, 2) constitutional protection for a woman's right
to choose, 3) a realistic approach to crime and punishment, 4) a Bill
of Rights for all working people.

=================
censorship.survey
=================
* Censorship of Books at Public Schools -- Survey Results

This article summarizes the findings of the tenth annual survey on book
censorship in public schools, conducted by the People for the American
Way.  The survey found the number of challenges (and successful challenges)
of books to be at a ten-year high.

=================
church-and-state.aclu
=================
* Church and State -- ACLU Briefing Paper #3

=================
civil-liberty-index
=================
* About the Civil Liberty Index mailing list

A description of the civil-liberty-index mailing list. It is a
moderated list for the distribution of indexes of "newsy" civil
liberties articles. All the articles are from Netnews, most are from
ClariNet's commerical UPI service. To read the UPI articles, you need
access to ClariNet.

=================
crime.aclu
=================
* Crime and Civil Liberties -- ACLU Briefing Paper #2

=================
drug-testing.workplace.aclu
=================
* Drug Testing in the Workplace -- ACLU Briefing Paper #5

=================
english-only.aclu
=================
* "English Only" -- ACLU Briefing Paper #6

=================
faq.pointer
=================
* Pointer to Civil Liberties FAQ

An article by Jyrki Kuoppala with an outline of an FAQ (Frequently
Asked Questions w/ Answers) for civil liberities. Includes information
about a civil liberties gopher.

=================
freedom-of-expression.aclu
=================
* Freedom of Expression -- ACLU Briefing Paper #10

=================
freedom.essay
=================
* Essay on the Freedoms Protected by the Bill of Rights

An essay by Richard Criley of the Bill of Rights Foundation, examining the
security of freedom in the United States.  The essay discusses systematic
abuses of freedom that occurred during the last half-century.

=================
human-rights.un
=================
* Universal Declaration of Human Rights -- United Nations

The full text of the Universal Declaration of Human Rights, adopted by
the General Assembly of the United Nations on December 10, 1948.

=================
lie-detectors.aclu
=================
* Lie Detector Testing -- ACLU Briefing Paper #4

=================
pledge.history
=================
* A History of the Pledge of Allegiance

An essay examining the origins of the Pledge of Allegiance and the history
of its introduction into public schools, written by John W. Baer of
Propaganda Review.

=================
reproductive-freedom.aclu
=================
* Reproductive Freedom -- ACLU Briefing Paper #15

=================
reproductive-freedom.minors.aclu
=================
* Reproductive Freedom: The Rights of Minors -- ACLU Briefing Paper #7

=================
top.art.censors.1992
=================
* Top Art Censors of 1992

An article reporting the ACLU's list of the "1992 Arts Censors of
the Year."  The list cites governmental officials and private
individuals, including:

  Anne-Imelda Radice (chair of the NEA),
  Oliver North,
  Catharine MacKinnon and Andrea Dworkin,
  and The Rev. Donald Wildmon, head of the American Family Association.

=================
women-against-censorship
=================
* Women Against Censorship -- Excerpts

Edited by Varda Burstyn. Douglas & McIntyre Limited, 1985.

=================
womens-rights.1848
=================
* Declaration of Sentiments from 1st Women's Rights Convention in the U.S.

It was held in Seneca Falls, New York, the nineteenth and twentieth of
July, 1848. Among the famous who signed are Elizabeth Cady Stanton,
whose home in Seneca Falls is now part of the Women's Rights National
Park, and Frederick Douglass.

=================
=================
Last update
Fri Jan  8 15:47:14 EST 1993
-- 
Carl Kadie -- I do not represent any organization; this is just me.
 = kadie@cs.uiuc.edu =
Newsgroups: alt.society.civil-liberty,talk.politics.guns