Meyer v. Nebraska
In 1923, Meyer v. Nebraska was one of the first U.S. Supreme Court cases to deal with the rights of ELL students. Four years prior in 1919, the state of Nebraska passed the Simin Act. The Simin Act made it illegal for a teacher to use any language other than English to teach their students. The rationale of this law was that by using only English, students were encouraged to become assimilated to their community. In addition, the hope was that teachers would promote community interaction and contributions by and from the student through the use of English only instruction. After one teacher was found reading to their student in German, the County Attorney of Hampton, Nebraska charged him with violating the Simin Act. The teacher appealed to the U.S. Supreme Court. The Court ultimately ruled in favor of the teacher, reasoning that by restricting foreign languages, the Simin Act violated the Fourteenth Amendment with regards to rights to life, liberty, or property, and was unconstitutional. The Supreme Court felt that parental rights, a child's right to learn, and a teacher's rights to teach superseded any desire by the state to assimilate children (summary resource credit goes to https://study.com/learn/lesson/ell-court-cases-examples-summaries-significance).
From an intellectual standpoint, I agree that this ruling makes sense. We all have the right to life, liberty and property. In this case, property is interpreted as acquired knowledge. It is an interesting connection to some modern cases where people have filed lawsuits over stolen intellectual properties or creative ideas. I feel that the Supreme Court correctly interpreted the right to acquire knowledge or learning with the right to acquire property.
From a moral standpoint, I also believe this was the right thing to do. It is often easy to look back on the past and make judgements, but in this case, forcing this teacher to teach only in English was a poor decision. If the teacher is teaching in an unknown language, is the child learning? As educators, we all have a moral obligation to teach a child as much as we possibly can in the short amount of time they are with us. By teaching this child in their native language of German, this teacher was at least presenting important content which the child needed to know.
Socially, I think this student probably felt less isolated and alone when the teacher conversed in German. I can not imagine how difficult it must be to sit in a room, surrounded by other students, yet being unable to speak to them. My guess is that the student probably viewed the teacher quite favorably. Having someone to talk to not only about academics, but also day to day problems must have been a relief. Also, I am guessing the teacher served as a translator as well, helping this student and the rest of the class get to know each other.
Finally, this strikes an emotional chord with me. While I have never experienced the difficulty of not being able to communicate due to a difference in language, I can think back to times when I felt alone. At various points in our lives, I am sure everyone has experienced feelings of loneliness and isolation. Having someone to talk to is so important, like a lighthouse in an ocean of darkness. Even though I do not know this teacher, I can not help but feel proud of them. Defying the law because you are intent on doing what you believe is right is such a noble quality. I am glad the Supreme Court agreed.
Hi Mike,
ReplyDeleteYour post is very informative and interesting. Reading it brought to mind some aspects of my own upbringing and that of my parents.
My mother spent her early grade school years in Fall River, MA. She attended the long-since-closed-and demolished Holy Cross Church school. Back then (early 1930s), nearly all of the families in her neighborhood were Polish Catholic. She told me the students received instruction in English and Polish. The teachers - all of them nuns - taught the students Polish history and made them learn the Polish patriotic song Boze Cos Polske (God Keep Poland) - several rousing versions are available on YouTube. I believe this kind of instruction preserved the ethnic bond of the students and strengthened the pride in their heritage. It also ensured effective communication with the parents. My mom's parents and most, if not all, of the rest of the neighborhood's parents were first-generation immigrants who did not yet speak fluent English.
I attended public grade schools in nearby Swansea in the 1970s. All of the instruction was in English. (We did not begin study of a foreign language - in my case French - until Grade 7). The dominant ethnicity in my schools was Portuguese. Looking back, I wish lessons were taught concerning the Portuguese language, culture, and customs. Knowledge not only is power; it is also - as you effectively explain - property. Learning the language, culture, and customs of my classmates would have widened my world and made me feel less of an outsider. In turn, I would have gained the confidence to share what I know about Polish customs.
Acquired knowledge is indeed property. It has great value, just like a car or a house. Students of all ages benefit from the study of languages and cultures, whether it be German, Polish, French, Portuguese, Spanish, or any other.
R. P.