The Language Police: Bills would enact new restrictions on speech
State Question 751 passed last fall with 75 percent of voters agreeing to amend the state constitution to make English Oklahoma’s official language. The amendment, currently being challenged in district court, formally recognized English as the common language in which official state business shall be conducted. Two identical bills introduced this session designed to implement the new amendment, HB 2083 and SB 905, go well beyond what voters approved in State Question 751 and enact sweeping and intrusive changes meant to preserve and enhance the role of official English:
For purposes of this section, “preserve and enhance the role of English as the official language” means an affirmative obligation of strict compliance with the letter and spirit of the Oklahoma Official English Implementation Act including, but not limited to, promoting the use of English by all persons in Oklahoma and avoiding the use of languages other than English for official actions. This obligation shall be presumed to be superseded if use of a language other than English is specifically required by federal or state law or is permitted by the Oklahoma Constitution, but only to the extent necessary for an individual circumstance, and not as a general policy.
The ‘Oklahoma Official English Language Implementation Act’ acknowledges Oklahoma’s history with “persons from diverse linguistic backgrounds” and carves out particular exceptions for Native languages. The obligation to use English-only can also be superseded if “specifically required” by federal or state law. The problem with this presumably well-intentioned exception is that federal law, in most instances, doesn’t explicitly require that anything be offered in another language. Instead, federal agencies have issued a loose set of guidelines to their respective state counterparts based on Department of Justice guidance, asking that each agency make a determination for itself whether or not using a language besides English is necessary. Read the rest of this entry »


