Pronouncing the name "Arkansas" incorrectly is one of the most persistent myths in American legal folklore. The short answer is no, it is not illegal to say Arkansas wrong. Still, you will not be fined, arrested, or hauled before a judge for pronouncing the final "s" or stressing the wrong syllable. On the flip side, the legend persists because the state actually does have a law on the books regarding the official pronunciation. Understanding the difference between a legislative resolution defining a standard and a criminal statute enforcing it is the key to debunking this popular misconception Turns out it matters..
The Origin of the Myth: Arkansas Code 1-4-105
The confusion stems from a very real piece of legislation: Arkansas Code § 1-4-105. Titled "Pronunciation of state name," this statute was passed in 1881 by the Arkansas General Assembly. It reads as follows:
"Whereas, confusion of practice has arisen in the pronunciation of the name of our state and it is deemed important that the true pronunciation should be determined for use in oral official proceedings. And, whereas, the matter has been thoroughly investigated by the State Historical Society and the Eclectic Society of Little Rock, which have agreed upon the correct pronunciation as that received from the French Indians, from whom the name was derived... It should be pronounced in three (3) syllables, with the final 's' silent, the 'a' in each syllable with the Italian sound, and the accent on the first and last syllables. Still, be it therefore resolved by both houses of the General Assembly, that the only true pronunciation of the name of the state, in the opinion of this body, is that received by the French from the Native Americans and committed to writing in the French word representing the sound. The pronunciation with the accent on the second syllable with the sound of 'a' in 'man' and the sounding of the terminal 's' is an innovation to be discouraged Which is the point..
Not the most exciting part, but easily the most useful.
Notice the language used: "resolved," "opinion of this body," "discouraged.So it is a concurrent resolution, a formal expression of legislative intent, not a criminal statute. In real terms, " Nowhere in the text does it establish a penalty, a fine, or a misdemeanor charge. It carries the weight of an official style guide for government proceedings, not the weight of the penal code.
Why the Law Exists: A Tale of Two Senators
To understand why legislators bothered to pass a resolution on pronunciation in 1881, we have to look at the political climate of the time. The debate wasn't just academic; it was personal and political No workaround needed..
The two U.Their public bickering became an embarrassment for the state delegation in Washington D.Senators from Arkansas at the time, James H. That said, s. Senator Berry favored the Anglicized version, Ar-KAN-sas (rhyming with Kansas), while Senator Garland championed the French-influenced AR-kan-saw. Berry and Augustus H. Garland, famously disagreed on how to say the state's name. C Not complicated — just consistent..
The resolution was essentially a "cease and desist" order issued by the state legislature to its own federal representatives. It was an attempt to project a unified identity. Still, the legislators relied on the research of the State Historical Society and the Eclectic Society of Little Rock, which traced the name to the Quapaw people (referred to as "Arkansas" by Algonquian-speaking tribes) and the subsequent French transliteration (Arcansas). The French habit of silencing the final "s" established the precedent the legislature codified Most people skip this — try not to..
The Kansas Connection: Why the Confusion Exists
The root of the "illegal" rumor likely grows from the existence of the neighboring state, Kansas.
Both names derive from Siouan languages, but they took different linguistic paths:
- Kansas: Named for the Kansa tribe (Kaw people). In French, a final "s" is typically silent. The name passed through French explorers (Marquette and Joliet) who wrote it as Arcansas. The English spelling retained the phonetic "s" at the end. So * Arkansas: Named for the Quapaw (related to the Akansa or "downstream people"). It is pronounced KAN-zus. The American territory kept the French spelling but the English-speaking settlers applied English phonetics, creating the tension between Ar-KAN-sas and AR-kan-saw.
Because the spellings are nearly identical, the human brain defaults to pattern matching. In real terms, seeing "Arkansas" after a lifetime of saying "Kansas" creates a powerful cognitive bias to pronounce them the same way. The 1881 resolution was a deliberate effort to break that pattern and honor the French/Indigenous etymology.
Legal Analysis: Resolution vs. Statute
In the American legal system, the distinction between a resolution and a statute is critical.
- Statutes (Laws): These are binding rules of conduct. They define crimes, regulate commerce, establish taxes, and carry enforcement mechanisms (police, courts, fines, imprisonment). They must pass both chambers and be signed by the governor (or pass over a veto).
- Resolutions: These express the sentiment, policy, or internal governance of the legislative body. A concurrent resolution (like the 1881 pronunciation act) is used for housekeeping matters—adopting joint rules, creating committees, or, in this case, declaring an official stance on a cultural matter. They do not go to the governor and do not have the force of law upon the general public.
If Arkansas Code § 1-4-105 were a criminal statute, it would face immediate constitutional challenges under the First Amendment. Compelling a citizen to say "AR-kan-saw" under threat of penalty would be a clear violation of free speech protections. The government cannot compel specific speech or pronunciation from private citizens in their daily lives. The fact that the legislature chose a resolution format proves they understood the limits of their authority; they were making a recommendation, not a law.
Has Anyone Ever Been Prosecuted?
There is zero historical record of anyone being cited, fined, or arrested for violating Arkansas Code § 1-4-105. Think about it: no municipal code references it as an ordinance violation. No district attorney has ever filed charges based on it. It exists solely in the "Miscellaneous" section of the state code as a historical artifact.
The myth likely survives because:
- It makes for a great trivia fact: "Weird laws in every state" lists are clickbait goldmines for websites, and this one is a staple.
- Authority bias: People see "Arkansas Code" and assume "Code = Law = Crime."
- Local pride: Arkansans often jokingly tell tourists, "Careful, it's illegal to say it wrong!" as a lighthearted way to correct pronunciation and assert state identity.
The "Arkansawyer" vs. "Arkansan" Debate
The pronunciation law also touches on the demonym—the word for a resident of the state. If the state is AR-kan-saw, logic dictates the resident should be an Arkansawyer (pronounced Ar-kan-saw-yer) But it adds up..
Historically, Arkansawyer was the dominant term in the 19th century. It appears in the Arkansas Gazette and early legislative journals. That said, as the "incorrect" pronunciation Ar-KAN-sas spread, the demonym Arkansan (Ar-KAN-zun) gained traction because it followed the phonetic logic of the mispronunciation Nothing fancy..
In 2017, the legislature weighed in again with **House Concurrent Resolution
