Legal Question in Constitutional Law in New York

the right to speak a minority language

To whom it may concern-

I would like to know if the right to speak a minority language (such Spanish) is a fundamental one in the United States?

What are the main precedences from the Federal High instance in the U.S.?

Which state has the most unique rules in this subject?

Thank you very much


Asked on 7/16/04, 10:33 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: the right to speak a minority language

No case restricting the right to speak a foreign language has ever reached the Supreme Court. The Constitution guarantees a right to free speech, but it says nothing about the right to speak freely in a foreing language. I would expect that if a case were to reach the Supreme Court the government would have to show a compelling reason for the restriction and that no less restrctive means of achieving that rationale would work under the circumstances.

California tried to require that only English would be spoken in all state agencies several years back but the attempt did not succeed.

From time to time the issue is raised of establishing "english only" laws for state and Federal agencies but the issue always dies down and returns to the status quo.

My personal opinion is that any such law restricting the use of a foreign language in a public setting would most likely be found unconstitutional.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/16/04, 10:45 am


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