Legal Opinion · Dissent

Alaskans for a Common Language, Inc. v. Kritz

Alaska Supreme Court

Decided November 2, 2007No. S-10590Published

1DissentBryner, Chief Justice

I agree with today's ruling that section .320 of the Official English Initiative is unconstitutional because it violates protected freedoms of speech. But I do not agree that this infirmity can be cured by severing the section's first sentence and giving the remaining language of the section-and the entire initiative as well-a new meaning that conflicts with its plain meaning as originally enacted. Nor do I agree that the court's decision to rewrite section .320 can justify its refusal to recognize and address the obvious overbreadth problems left unresolved in the initiative's remaining…

2Cases cited23 opinions

  1. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  2. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  3. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  4. Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985
  5. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971

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