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ALASKANS FOR A COMMON LANGUAGE v. KRITZ

No. S-10590.

170 P.3d 183 (2007)

ALASKANS FOR A COMMON LANGUAGE, INC., Appellant, v. Moses KRITZ, et al., Appellees. Alaskans for a Common Language, Inc., Appellant, v. Henry Alakayak, et al., Appellees.

Supreme Court of Alaska.

November 2, 2007.

Attorney(s) appearing for the Case

Kevin D. Callahan and Douglas J. Serdahely, Patton Boggs LP, Anchorage, for Appellant Alaskans for a Common Language, Inc.

Douglas Pope, Pope & Katcher, Anchorage, for Kritz Appellees.

Eric D. Johnson, Association of Village Council Presidents, Bethel; Heather Kendall-Miller, Native American Rights Fund, Anchorage; and William E. Caldwell, Alaska Civil Liberties Union, Fairbanks, for Alakayak Appellees.

Jan Hart DeYoung, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellee State of Alaska.

Peter M. Tiersma, Loyola Law School, Los Angeles, California and Nikole Nelson, Anchorage, for amicus curiae Linguistic Society of America.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Alaskans for a Common Language, Inc. appeals from a decision of the superior court that the Official English Initiative, AS 44.12.300-.390, violates speech rights protected by the federal and Alaska Constitutions. We hold that a portion of the statute's principal provision violates constitutionally protected speech. We also hold, however, that this unconstitutional portion of the statute...

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