The U.S. Constitution guarantees certain fundamental rights, including the right to free speech and protection against certain kinds of discrimination. The answer to the question of whether police can lawfully target someone for speaking Spanish is rooted in constitutional protections, particularly the First and Fourteenth Amendments.
The First Amendment codifies freedom of speech, which includes the right to speak any language. Law enforcement officers cannot lawfully target or harass individuals simply because they are speaking Spanish or any other language. When such targeting occurs, it is a violation of an individual’s free speech rights.
The Equal Protection Clause of the Fourteenth Amendment bars the government from denying individuals equal protection under the law. Targeting individuals based on their language or ethnicity violates this clause by treating them differently from others without a valid, individualized reason.
Federal and State Laws
Title VI of the Civil Rights Act of 1964 bars the state from discriminating based on protected classifications, including race and national origin in programs and activities that receive federal financial assistance. This includes police departments. Thus, targeting someone for speaking Spanish could be seen as discrimination based on national origin. Although such discrimination may be unintentional – including certain kinds of scenarios that may naturally flow from language barriers in policing – if these concerns aren’t properly addressed, departments may potentially be held accountable for them.
Texas state law also provides protections against discrimination. The Texas Commission on Human Rights Act prohibits discrimination in various areas of public life, including accommodations, which can be interpreted to include interactions with law enforcement.
Overall, the law protects those in the U.S. from being discriminated against on the basis of the language that they speak. However, violations of these legal protections do occur. When they do, those whose rights have been violated may have opportunities for legal recourse available to them.