Attorney: Heather
Kendall-Miller
Case Update
This case challenges the constitutionality of the 1998 English-Only law as a violation of the free speech clause of the Alaska Constitution. Plaintiffs are individuals that would be injured by being forced to speak only English in any circumstance in which they must deal with state government employees. A decision was rendered March 25, 2002, striking down the English-only law as we requested. The State of Alaska has declined to appeal but Alaskans for a Common Language filed its appeal to the Alaska Supreme Court on September 26, 2002. Oral argument was heard on June 17, 2003. After oral argument the Court requested additional briefing on whether certain provisions of the law could be severed.
On November 2, 2007, the Alaska Supreme Court rendered a decision upholding the superior court’s lower court opinion finding that the language that required the state and its political subdivisions and all state employees to use only English in all government functions and actions at the state and local levels to be unconstitutional. That part of the statute was severed leaving the rest of the statute in place for its symbolic value as a matter of public policy. NARF and its co-counsels have been awarded attorneys fees for their work on this successful challenge. This case will now be closed and taken off the docket.
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