PCL: Legal Rights of Linguistic Minorities
First submitted September 13, 2014 to Peoples College of Law
In an era where right-wing millionairesuse their obscene wealth to finance arch-reactionary legal firms like Gibson, Dunn & Crutcher to craft deceptive causes of action to destroy academic freedom, students' access to experienced instructors, and workers' rights in the shape of the horrific Vergara decision, it's somewhat hard to recall that occasionally the law is used to help, rather than harm, the remaining institutions of public education.
In the past, when civil rights were more vigorously defended than David F. Welch's "corporate rights," a public interest attorney represented one of our most marginalized groups: English Language Learners (ELL) in a landmark case — Lau v. Nichols. The case and its implications for the rights of linguistic minorities are discussed below ["infra" in legal parlance]. Today, we see ongoing attacks against both ELLs and any language program besides mainstream English. A perfect example is that of neoliberal reactionary Marshall Tuck, a candidate for California State Superintendent of Instruction. Tuck, a graduate of anti-public education activist billionaire Eli Broad's Broad Residency, is best known for shuttering all the heritage language academic programs, and most of the dual language immersion programs at the schools he ran.
This year marks the fortieth anniversary of the Supreme Court decision on rights of linguistic minorities. While the promise of Lau is still yet unrealized, the recognition of language rights in the midst of our "white supremacist capitalist patriarchy" is still something to take notice of. United Teachers Los Angeles (UTLA) Bilingual Education Committee commissioned the following public service announcement flyer, the text of which is also reproduced here. The prose was written by UTLA's Director of Bilingual Education, Cheryl Ortega. Flyer design was by solidaridad: PCL: Legal Rights of Linguistic Minorities:
