Demography and Distrust: An Essay on American Languages, Cultural Pluralism, and Official English

106 Pages Posted: 4 Sep 2019

See all articles by Juan F. Perea

Juan F. Perea

Loyola University Chicago School of Law

Date Written: 1992

Abstract

Upon encountering native Spanish speakers, many native English speakers will find something offensive or threatening in the sounds of Spanish. Such persons might think to themselves, or say to these Spanish speakers, “speak American,” or “you’re in the USA, speak English,” or “go back where you came from.” While such statements attest to the continuing majoritarian dominance of English in the United States, they obscure a more interesting and variegated story of American linguistic pluralism.

Linguistic pluralism has always been a prominent feature of the American population. The first languages here were native languages, followed by the languages of European conquerors, Spanish, English, French and Dutch. These were followed by the languages of European immigrants, the African languages of slaves, and the Spanish spoken by conquered Mexicans. All of these languages have left their imprint on American law and culture.

Before and during the dominance of English, several states were officially bilingual, publishing their laws both in English and in other languages like German, French and Spanish. Benjamin Franklin railed at German immigrants in Pennsylvania, claiming that their German-language newpapers and street signs threatened the dominance of the English. However, legal history shows that, unlike the claims of linguistic homogeneity made by advocates of English-only, many languages have coexisted in the United States even as English became dominant. Furthermore, recognizing the dominance of English, the huge majority of immigrants, whether long-term or recent, learn English.

Because of the numerous diverse languages that existed during the Framers’ era, the Framers were keenly aware of American cultural pluralism and did not legally designate an American language. This article first reviews the extensive, yet little-known legal history of linguistic pluralism in the United States. The article then reviews a significant paradox from American culture: the continuing conflict between the reality of American cultural pluralism and the American nativist need for conformity.

American nativists argue that English-language homogeneity is necessary for national unity, and that other languages pose a threat to national unity. However, the legal history of cultural pluralism and linguistic diversity shows that national unity does not depend primarily on linguistic homogeneity. As just one example, the greatest threat to national unity was posed by the Civil War, fought between Americans who all spoke English. Contrary to the demand for linguistic homogeneity, the Framers recognized that language standardization was not under the government’s control. The need for linguistic unity is a demand that goes against the core American values of individual liberty and cultural pluralism.

Keywords: Cultural Pluralism, Discrimination, Legal History, Immigration Law, American Nativism, Cultural Assimilation, Language Rights, Linguistic Diversity

JEL Classification: K00

Suggested Citation

Perea, Juan F., Demography and Distrust: An Essay on American Languages, Cultural Pluralism, and Official English (1992). Minnesota Law Review, Vol. 77, 1992, Available at SSRN: https://ssrn.com/abstract=3447409

Juan F. Perea (Contact Author)

Loyola University Chicago School of Law ( email )

25 E Pearson Street
Chicago, IL 60613
United States

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