Chapter 23: Language Rights in the United States Constitution and The Civil Rights Act of 1964
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Published:2022
Eduardo D. Faingold, 2022. "Language Rights in the United States Constitution and The Civil Rights Act of 1964 ", Language and Identity, Paul Chamness Miller, John L. Watzke, Miguel Mantero
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The present paper analyzes the Fourteenth Amendment of the United States (US) Constitution and the Civil Rights Act of 1964 for language that defines the linguistic obligations of the US and the language rights of persons in the US, arguing that neither the US Constitution nor the Civil Rights Act of 1964 define the de jure obligations of the US towards members of language minorities. This paper argues that the US should explicitly recognize the language rights of minority groups in the US. In addition, the paper aims to provide expert advice about language policy to aid political decision-makers of the US in interpreting existing legislation and drafting new legislation to help solve linguistic conflicts arising among speakers of majority and minority languages (Faingold, 2004; 2007; 2011; in press). Future interpretations of existing laws and statutes and new legislation addressing the rights of speakers of minority languages to equal protection status under the Fourteenth Amendment and the Civil Rights Act of 1964 are more likely to help solve conflicts by defining legally the status of speakers of such languages.
