Untitled Document

Michigan Appeals Court Overturns Conviction of Woman Jailed for Saying People Should Speak English

ProEnglish
News Release
Nov. 10, 2002

(Arlington, VA) On November 1, 2002, the Michigan Court of Appeals overturned the conviction of Janice Barton, who was convicted under a local ordinance that prohibited "insulting conduct in a public place" for saying that people here should speak English. ProEnglish had filed a legal brief supporting Barton on First Amendment grounds.

The case arose when Barton was leaving a restaurant in Manistee, Michigan, and was overheard telling her mother that "I wish damn (ethnic term) would speak English in our country," as they encountered an off-duty policewoman and her parents speaking in Spanish. The policewoman charged that Barton had used an ethnic slur, and filed a criminal complaint. Even though she had no prior criminal record, Barton was convicted under the ordinance and sentenced to 45 days in jail.

When Barton appealed her conviction, ProEnglish joined the Center for American Unity in filing a "friend of the court" brief, which argued that Barton in fact was being punished for her political speech advocating English. At its hearing on the case in October, the Court of Appeals complimented the Center and ProEnglish on the brief, which it said was well written and helpful.

In reversing Barton's conviction for "insulting conduct," the Court said the ordinance was unconstitutional because it was too vague to give Barton fair notice of what insults were prohibited. The Court added: "Allowing a prosecution where one utters 'insulting' language could possibly subject a vast percentage of the populace to a misdemeanor conviction."

ProEnglish executive director K.C. McAlpin commented, "We don't condone the use of racial slurs or insults of any kind. But saying that people here should learn and use English should never be a crime, even when said in the presence of people who speak another language. Although the Court avoided the First Amendment issue at the heart of this case, we nonetheless are very pleased that the judges overturned Janice Barton's conviction."


Activism Urge Congress to defend English Your Congressmen Current Legislation State Profiles Petition Issues Official English Bilingual Education English on the Job Citizenship and Immigration Bilingual Ballots Puerto Rican Statehood Ending E.O. 13166, the "Multilingual Mandate" Resources Model official English statute Backgrounders Pending legislation Census 2000 data Myths & Facts Poll Data Contact us: 1601 N. Kent St. Suite 1100 Arlington, VA 22209 ph: (703)816-8821		Michigan Appeals Court Overturns Conviction of Woman Jailed for Saying People Should Speak English ProEnglish News Release Nov. 10, 2002 (Arlington, VA) On November 1, 2002, the Michigan Court of Appeals overturned the conviction of Janice Barton, who was convicted under a local ordinance that prohibited "insulting conduct in a public place" for saying that people here should speak English. ProEnglish had filed a legal brief supporting Barton on First Amendment grounds. The case arose when Barton was leaving a restaurant in Manistee, Michigan, and was overheard telling her mother that "I wish damn (ethnic term) would speak English in our country," as they encountered an off-duty policewoman and her parents speaking in Spanish. The policewoman charged that Barton had used an ethnic slur, and filed a criminal complaint. Even though she had no prior criminal record, Barton was convicted under the ordinance and sentenced to 45 days in jail. When Barton appealed her conviction, ProEnglish joined the Center for American Unity in filing a "friend of the court" brief, which argued that Barton in fact was being punished for her political speech advocating English. At its hearing on the case in October, the Court of Appeals complimented the Center and ProEnglish on the brief, which it said was well written and helpful. In reversing Barton's conviction for "insulting conduct," the Court said the ordinance was unconstitutional because it was too vague to give Barton fair notice of what insults were prohibited. The Court added: "Allowing a prosecution where one utters 'insulting' language could possibly subject a vast percentage of the populace to a misdemeanor conviction." ProEnglish executive director K.C. McAlpin commented, "We don't condone the use of racial slurs or insults of any kind. But saying that people here should learn and use English should never be a crime, even when said in the presence of people who speak another language. Although the Court avoided the First Amendment issue at the heart of this case, we nonetheless are very pleased that the judges overturned Janice Barton's conviction." .