Alaskans for a Common Language, Inc. v. Kritz; Alaskans for a Common Language, Inc. v. Alakayak

Summary

The Supreme Court of Alaska reviewed a challenge to Alaska's Official English Initiative, which required English use in government functions and actions. The court held that part of the statute violated constitutionally protected speech rights but that the unconstitutional portion could be severed, leaving the remainder effective if narrowly construed. The court affirmed in part and reversed in part the superior court's judgment.

Holdings

1. The first sentence of AS 44.12.320 plainly mandates the use of English by government officers and employees in the performance of their jobs, including communications with English and non-English speakers, except in the specific circumstances listed in AS 44.12.340.
2. The first sentence of AS 44.12.320 burdens constitutionally protected speech and petition rights of non-English-speaking citizens, elected officials, and public employees, as well as recipient speech rights.
3. The Official English Initiative's restriction on language use is subject to strict scrutiny because it is a content-based restriction and operates as a broad speech ban and prior restraint.
4. Although promoting, preserving, and strengthening English, encouraging English proficiency, and increasing governmental efficiency are compelling interests, the initiative's categorical restriction on non-English government communication is not narrowly tailored and therefore violates the federal and Alaska Constitutions.
5. The unconstitutional first sentence of AS 44.12.320 is severable from the remainder of the initiative under the test stated in Lynden Transport, Inc. v. State.
6. The second sentence of AS 44.12.320 may be construed to require English in official public documents and records while permitting non-English versions or informal, individually tailored communications so long as English is also used where required.

Questions Presented

1. Whether the first sentence of AS 44.12.320 requires English to be used by all government officers and employees in all government functions and actions, rather than only in formal or official acts.
2. Whether the Official English Initiative burdens constitutionally protected speech, petition, and recipient-speech rights under the Alaska and federal Constitutions.
3. Whether the initiative's restrictions satisfy strict scrutiny.
4. Whether the first sentence of AS 44.12.320 is severable from the remainder of the initiative.
5. Whether the second sentence of AS 44.12.320 can be construed narrowly and upheld constitutionally.

Disposition

other